Not sure what to expect

[scared08]

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

I was arrested for possesion of cocaine. It was late at night and I was outside a public place and my girlfriend was in the car smoking pot. I was outside in front of the car on the phone and a cop saw her and pulled her out of the car. He told me not to move so I didnt. The car was mine and they asked to search it and I told them yes I DONT DO DRUGS!!!! He then walked around the back of his cop car and said he saw me throw what was a small bag of white substance still dont know what was in it.He also told another cop who showed up ans he handed oit to him. There was no way I could have thrown it it was behind his car which was next to mine. when they searched me they found nothing but yet they are charging me with possession which is a felony and I could go to jail. Ive seen a lawyer and he said this is a "bs" story and he would take my case but I would need to pay him in advance. I have tried to come up with the 2500 he wants but have had no success and I go to court in Oct 7th. Will a public defender be just as good? And how bad does this look for me?

[inamess]

ooops wrong post - sorry

[Conspiracist?]

If possible do anything to get a good lawyer that will be on your side... not all pub-defenders will be on your side but you might get lucky with one... but a pub-deffender is better than no lawyer.

[scared08]

I just found out that my girlfriends lawyer got the police report and in it it states that the officer did not readus our rights until after we were at the police station already under arrest? Is that not what is suppose to happen? Her lawyer is using this as a defense. Also I told the officer that the white substance in the baggie was not mine. He clearly states in the police report that he believe we were telling the truth. Will either oif these help my case?

[CdwJava]

Please keep your questions to a single thread ... it is confusing to bounce all ofver the place with the same series of questions.

- Carl

[seniorjudge]

What is the name of your state (only U.S. law)? NH
Can someone please explain pre-trial to me?

Are you charged with a felony?

[seniorjudge]

A pre-trial can means lots of things in a criminal case. If you are having a trial on a felony, it could mean where the judge, prosecutor, and defense attorney have a little session where they discuss what witnesses will be called, how long will the trial be, etc.

This is done many different ways in different places.

In other words, the phrase is pretty general and, by itself, doesn't really say much.

[scared08]

yes a class B Felony possession of cocaine. I was told I didnt have to go to the pre-trial so this must be what you have just described.

[scared08]

After meeting with my PD she states this case is a he said she said case. My word against the officers. And she says even though I have never gotten in trouble I could go to jail if I am found guilty at trial. My question is should I just say I'm guilty to avoid jail time? I am a single mother and have two children I need to take care of I cant go to jail!

[InsaneJane]

1st- Do not plead guilty in NH to anything. The Judge will have to throw the book at you. Also, NH has a very hard Habitual offender law - 3 strikes and you go to jail for a year, no matter what.
2nd- Never plead guilty in NH to anything. In NH if you plead guilty you lose all future rights to any appeal process. You may think you are guilty and the latter find that you are not.

[outonbail]

1st- Do not plead guilty in NH to anything. The Judge will have to throw the book at you.

Better wear a helmet then!

Also, NH has a very hard Habitual offender law - 3 strikes and you go to jail for a year, no matter what.

This is a "very hard" habitual offender law? I would imagine that in most states that if you were convicted for possession of cocaine, three separate times, you would be facing at least a year.

2nd- Never plead guilty in NH to anything. In NH if you plead guilty you lose all future rights to any appeal process. You may think you are guilty and the latter find that you are not.

Huh? How many people, when facing criminal charges, think they're guilty, only to discover they are not at a later date?

I've heard of plenty who claimed they were not guilty, only to have a judge or jury find otherwise.

I guess you really are insane Jane

[scared08]

I was just offered a deal by the prosecuting attorney. The deal is misdemeanor, possesion (not specified)in a motor vehicle. 2 years probabtion and drug evaluation. I have had negative drug and alcohol screening twice a week for the last 12 weeks so they know Im not a user. Because the case is my word against the officers I am really worried that of it goes to trial I could do jail time. Is this a deal I should take??

Opinions and thoughts please!!

[outonbail]

This is a decision that you are going to have to make for yourself. I can tell you what I would do, if I were in your situation and everything you have posted is the absolute truth.

I would not take any deal other than seeing the charges dropped entirely.

Here's why. For starters, this drug conviction being on your record, can be detrimental to the future you're not aware of at this time. If you take the plea, it will be assumed that you were guilty as charged in all respects. You will not be able to turn back the clocks and fight this unjustified charge in the future. So whatever endeavors you decide to pursue in your future, you will always have this dark cloud drug charge waiting to slam doors in your face.

In short, even if you have never used or possessed any controlled substance in your life, you will be labeled a drug offender and no future "explanation" will change that fact or any decisions based on it.

Second, if you ever find yourself under the legal spotlight again, regardless of whether you are guilty or not, this conviction can and most likely will weigh heavy on the outcome of future accusations. It can also be brought up in family court in custody battles and CPS can consider it if anyone has directed them to investigate you.

So how far reaching the damage this conviction can be, is anyone's guess.

Third, you are basically saying that either the officers are lying and setting you up with this found bag of coke charge, or your friend is. While I'd like to think the officers doing so is rare, I have no doubt that it can happen. Why the officers would choose to set you up, I have no idea. So, what happens when they choose to set you up again? Do you think your chances of prevailing on a future charge, will be better with one conviction on your record already?

I know of people who have done exactly what your considering, accepting a deal for something they are not guilty of, because they are afraid of the alternative and/or they can't afford effective legal council. Every one of them has said they are now sorry they took the deal, they just didn't know then what they know now.

Forth, this country is in sad shape when it's citizens have to start accepting criminal records for something they are not guilty of. The law is not supposed to work this way. Unfortunately it happens and this is what has people frightened. The DA knows this and in some cases, I believe it is the only reason why they pursue charges in weak cases. They can bring every case right up to the point of picking a jury, then decide they don't have the evidence to prevail and drop the charges.

You of course have no way of knowing what the DA is actually going to do. This is why a private attorney can make a world of a difference. They know the DA and they know how the DA works and thinks (assuming they have been up against him/her in past cases) But an attorney can say to the DA, "Look, you and I both know you don't stand a chance of winning this case, why are you pushing this?" Because they are each trained in law, they will communicate on a completely different level as you will ever be able to do yourself. The DA is not going to railroad an equally qualified criminal defense attorney.

Fifth, If you do have a public defender, you have to realize how many of them work. They are overloaded with cases for starters. This means they do not have the time to prepare a valid defense for all their clients. They have to pick and choose their battles very carefully. They do not want to work hard on a case where their client is guilty and not have the time to prepare a defense for someone who is innocent. One of the ways they can distinguish between the two, is by presenting these offers to their clients. the guilty person will in most cases take the deal, where an innocent person will be more likely to reject a deal, because they didn't break the law. Barring of course someone who is facing a long sentence in either case, since they have nothing to lose by going to trial anyway.

Last, I would be concerned with what exactly the court is referring to with the term, "Drug Evaluation". Does this evaluation or the person(s) making the evaluation have the power to force you into an intensive rehab program? Does it mean you have to register with local law enforcement as an admitted drug offender? Are there any rights you stand to lose depending on the results of this evaluation?
Make sure you know what all is involved and what conditions you can be required to abide by, before you agree to any deals.

If you have a clean record, I would personally do everything I could, to keep it that way.

If you are guilty of the charges, then I would take the deal.

But the decision is basically yours to make. Innocent people are convicted every day, just as guilty people are found not guilty. It's unfortunate, but everything has it's flaws and our justice system is no different.

But one of the most beneficial considerations an adult can put before a jury, is a clean record. Once you start gaining convictions, a lot of that proverbial "Benefit of the Doubt" is removed.

Bottom line,

Your life, your record, your future, your decision.

[scared08]

Wow thats alot to take into consideration! Thank you for your input I appeciate it!

[outonbail]

Wow thats alot to take into consideration! Thank you for your input I appeciate it!

If your innocent, there is a lot more to accepting a plea which has you admitting guilt, than getting through a couple of years of probation. I just wanted to point some of these things out. We often have folks who come here after the fact and want advise on how to turn back time to clear themselves of wrongdoing. This is not usually possible or practical.

If your going to fight this charge, now is the time.

Plus I tend to get carried away at times when I'm trying to make a point,,,