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Indicted on Felony Drug Charges

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mssales

Junior Member
What is the name of your state? Indiana

On July 24,2006 narcotics agents raided the residence of a friend of mine. Arrested in the raid was myself and him. The police found a little less than 3 grams of crack cocaine, some paraphanellia, a loaded .380 semi-automatic pistol, and $1,400 cash. Upon my arrest I cooperated fully. I was charged with a Class B Dealing in Cocaine my co-defendant was charged with Dealing in Cocaine, and well as Maintaining a Common Nuisanace. Also mentioned in the indictment was Use of a firearm in a controlled substance offense. My bond was originally set at $3,000, with a $30,000 surety . They reduced my bond to $1,000, and I posted bond. My background, I have no prior felonies, or misdemeanors. I'm a college student with a 3.5 overall GPA, I'm involved on campus etc. I don't have a record as a minor either. My public defender has said the deal he will try to get me is a plea for a Class D Possession and 2 years probation. After the probation has been completed successfully, you can petition the court for misdemeanor treatment. He says he doesn't know how likely it is he will get it, but he will "work on it". I have also contacted a private attorney, who paints a a similiar picture, though he is confident in getting the plea. He wants $3,000 to $5,000. He has agreed to work of my bond money, but needs a retainer of $500. I just plain don't have the money to retain a lawyer, and was wondering would retaining a lawyer, be a waste of money, and would I probably get the same deal with the PD? Everyone tells me I'm wasting money on a first offense. I'm a bit nervous, and to me getting misdemeanor treatment would be like getting a second chance. The private attorney said he knows the chief prosecuting attorney for the county personally and usually gets the deals he wants.
 


Shay-Pari'e

Senior Member
What is your question? If you don't have money for an attorney, then your stuck with the PD.

PS, why are you telling us your GPA?
 

fairisfair

Senior Member
What is your question? If you don't have money for an attorney, then your stuck with the PD.

PS, why are you telling us your GPA?
1. why is the private attorney $3000 more confident than the Public defender??? ;) :D

2. .5 of college (based on GPA) is spent learning to be smart enough to stay away from drug houses
 

mssales

Junior Member
Be that as it may, I'm looking for a strategy to at least mitigate the punishment, I don't expect to get off the hook so to speak, but getting misdemeanor treatment would be outstanding. As for my question, I was wondering what is the likelyhood of me receiving the same deal with my PD? Well, at my bond hearing I was questioned repeateadly about my schooling and grade point average, and it was effective.I got my bond lowered to $1,000 on a Class B. My PD said he's never seen them lower a bond that low on a drug case. As a matter of fact general sentiment is that having a clean past, and being a college student will almost certaintly keep me out of prison.
 

smutlydog

Member
What is the name of your state? Indiana

On July 24,2006 narcotics agents raided the residence of a friend of mine. Arrested in the raid was myself and him. The police found a little less than 3 grams of crack cocaine, some paraphanellia, a loaded .380 semi-automatic pistol, and $1,400 cash. Upon my arrest I cooperated fully. I was charged with a Class B Dealing in Cocaine my co-defendant was charged with Dealing in Cocaine, and well as Maintaining a Common Nuisanace. Also mentioned in the indictment was Use of a firearm in a controlled substance offense. My bond was originally set at $3,000, with a $30,000 surety . They reduced my bond to $1,000, and I posted bond. My background, I have no prior felonies, or misdemeanors. I'm a college student with a 3.5 overall GPA, I'm involved on campus etc. I don't have a record as a minor either. My public defender has said the deal he will try to get me is a plea for a Class D Possession and 2 years probation. After the probation has been completed successfully, you can petition the court for misdemeanor treatment. He says he doesn't know how likely it is he will get it, but he will "work on it". I have also contacted a private attorney, who paints a a similiar picture, though he is confident in getting the plea. He wants $3,000 to $5,000. He has agreed to work of my bond money, but needs a retainer of $500. I just plain don't have the money to retain a lawyer, and was wondering would retaining a lawyer, be a waste of money, and would I probably get the same deal with the PD? Everyone tells me I'm wasting money on a first offense. I'm a bit nervous, and to me getting misdemeanor treatment would be like getting a second chance. The private attorney said he knows the chief prosecuting attorney for the county personally and usually gets the deals he wants.
Also mentioned in the indictment was Use of a firearm in a controlled substance offense.
This makes the crime serious . In the federal court system you could get major enhancements even if the gun was not yours and even if the codefendant never showed you the weapon. The weapons charge would add about 40% to your prison sentence.:eek:
 

fairisfair

Senior Member
Be that as it may, I'm looking for a strategy to at least mitigate the punishment, I don't expect to get off the hook so to speak, but getting misdemeanor treatment would be outstanding. As for my question, I was wondering what is the likelyhood of me receiving the same deal with my PD? Well, at my bond hearing I was questioned repeateadly about my schooling and grade point average, and it was effective.I got my bond lowered to $1,000 on a Class B. My PD said he's never seen them lower a bond that low on a drug case. As a matter of fact general sentiment is that having a clean past, and being a college student will almost certaintly keep me out of prison.
okay, joking aside. No one can answer your question. No one can guess what the likelihood of you being offered an acceptable plea agreement is. Of course the private attorney has a stronger motivation ($$) to assure you of his confidence in getting your sentence reduced. The public defender however, probably works with the prosecutor on a daily basis, so you guess which is the better deal. I know I wouldn't want to venture a guess. Yes, of course your clean record is an indication of your likelihood of showing up to court. It is not however an indicator of the severity of your crime.
 

2901bruce

Member
What is the name of your state? Indiana

On July 24,2006 narcotics agents raided the residence of a friend of mine. Arrested in the raid was myself and him. The police found a little less than 3 grams of crack cocaine, some paraphanellia, a loaded .380 semi-automatic pistol, and $1,400 cash. Upon my arrest I cooperated fully. I was charged with a Class B Dealing in Cocaine my co-defendant was charged with Dealing in Cocaine, and well as Maintaining a Common Nuisanace. Also mentioned in the indictment was Use of a firearm in a controlled substance offense. My bond was originally set at $3,000, with a $30,000 surety . They reduced my bond to $1,000, and I posted bond. My background, I have no prior felonies, or misdemeanors. I'm a college student with a 3.5 overall GPA, I'm involved on campus etc. I don't have a record as a minor either. My public defender has said the deal he will try to get me is a plea for a Class D Possession and 2 years probation. After the probation has been completed successfully, you can petition the court for misdemeanor treatment. He says he doesn't know how likely it is he will get it, but he will "work on it". I have also contacted a private attorney, who paints a a similiar picture, though he is confident in getting the plea. He wants $3,000 to $5,000. He has agreed to work of my bond money, but needs a retainer of $500. I just plain don't have the money to retain a lawyer, and was wondering would retaining a lawyer, be a waste of money, and would I probably get the same deal with the PD? Everyone tells me I'm wasting money on a first offense. I'm a bit nervous, and to me getting misdemeanor treatment would be like getting a second chance. The private attorney said he knows the chief prosecuting attorney for the county personally and usually gets the deals he wants.
Uh....Mssales. With a 3.5 GPA, shouldn't you have been smart enough - to not be hanging around with a gun-toting, Crack Dealer?
 

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