Need help ASAP...Plz take time to read

[brokenwingz]

What is the name of your state (only U.S. law)? Indiana

Ok so here is what happened, my husband was pulled over in August during the traffic stop he was told he had a bench warrant from another county and to please sit in his car to see while they see if the other county wanted them to take him in. They said they wanted him and the cops informed my husband took him out of the car handcuffed him and than put him back in the car. Not at any time did they read him his rights. They took him to jail where he was to wait for the other county. He went to court the next morning and was told he now had a poss of marijauna charge. He was dumb founded. He was never told this and he knew he had nothing on him cause he does not smoke. But I do ( I have cancer and yes it is illegal in indiana.) Well I found out what the warrant was for in other county it was for a 32.00 check 3 years back that I thought was taken care of. I paid it they recalled the warrant that day and called the other county to have him released. But since this new charge was there they kept him with no bail for 2 days, finally because I could not get any answers I called a lawyer and paid him his retainer fee and he got him released within 4 hours. Once he was home and we where able to read the report we found out that after he was arrested and before the arresting officers had My truck (not husband) they searched the truck and in the passager side door found a cigarette pack with 3 very tiny roaches in it. That was mine yes and I forget it was in there.

Now since that time his attorney has continuted this case 3 times because the dates conflicted for him on the last date he set this for trail which is Thursday. He called my husband on Friday and told him that 1) he owes him 400.00 because he has been to court 3 times to continue the case 2) a plea was offered that has him going to drug classes, community service, 365 suspended and a fine, and 3) he needs to take this plea because he has continues 3 times now and can not do it again, and he has a conflict and can not be in court on Thursday.

We are confused and do not know what to do. We are suppose to pay this money in the morning and the plea just doesn't sound like a good idea. My husband does not smoke pot, he does not drink and and he does not do any drugs at all. He is a truck driver and this charge is going to really hurt him. Can anyone give any fast advice.....

 

[CdwJava]

Fast advice is that your husband needs to either get an attorney who can BE in court on Thursday, or show up in court himself to ask the court for a new attorney or to reject the plea if he wants to go to trial.


- Carl

 

[Some Random Guy]

Not at any time did they read him his rights.

The need to read him his rights after arrest if they are going to question him and use his answers in court against him. Apparently they didn't need to question him beyond the standard identification questions.

...after he was arrested and before the arresting officers had My truck (not husband) they searched the truck

Yes, after arresting the driver, they can do an inventory search of the vehicle before towing it or they can search the accessible areas of the vehicle incident to his arrest.

he needs to take this plea because he has continues 3 times now and can not do it again, and he has a conflict and can not be in court on Thursday.

Since this charge will affect his employment and livelihood he needs to adjust his priorities and realize that his court case overrides whatever else he is doing that day.

 

[cyjeff]

Have you told the attorney that you are willing to testify that the pot was yours and that your husband didn't know anything about it?