Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drug Charges

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-19-2007, 05:57 PM
Junior Member
 
Join Date: Jan 2007
Posts: 1

Judge Vs. Jury Trial


What is the name of your state? Iowa

I've been charged for possession of a controlled substance (marijuana) and possession of paraphernalia.

My girlfriend and I were parked outside of a club and some underage drinkers were near our car when the police were walking by. They ran and the cops decided to come up to us instead, asking if we were buying ecstasy, selling ecstasy, drinking, etc. The cop supposedly smelled marijuana and had the car tossed. He also saw a "marijuana leaf" sitting in between my legs, at night, from outside a closed window before he "smelled" the marijuana. There was no leaf, or smell in the air.

A .1 gram bag and a cigarette pipe were found in the glovebox in front of where I was sitting along with a gum container that contained a stem that I was not charged with, after a dog was brought in and used against our consent. I took a substance abuse eval the week the the arrest and showed a negative to any illegal drugs. The police involved in this case were looking to make an example and are fabricating much of what they say in their reports to make their case.

A motion to suppress the illegal search did not go through and my attorney has advised me to consider a judge trial. He believes that a jury would not understand the constructive possession part of the charge that I could not know the dope was there since it was my girlfriend. Unfortunately as he is a public defender and apparently not having time to talk to clients, this is all I could glean from our 2 minute conversation that I was able to get from him.

What would the pro's/con's be in a jury/judge trial in a situation such as this?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:53 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.