Possession of a controlled sub.

[Wrangler52]

What is the name of your state? FL

Yesterday I got pulled over for driving on a suspended license on my way to the DMV to get it re-instated. The cop pulled me out of the car and immediatly begain searching my car without permission and even took the keys from my hand to open the trunk. found 10 class2 narcotic pills. Ive never seen them in my life and I deneyed them up and down. Im pretty sure I know someone left them in my car or they were planted(highly un likley i know) when he arrested me I was never read my rights. When he talked to my grandfather on the phone, I mentioned he was a retiried attorney and the cop got real worried for the rest of the trip and kept asking me odd questions like he knew he did somthing wrong. My grandfather was never an attorney I could just tell when my grandfather asked him a couple questions he got real nervous. This is my first offense and I just want to know what kinda of time if any im looking at and if this can affect me joining the coast guard. The pills were even found in the passanger seat. Im currently out on bond awaiting trial.

thank-you

 

[seniorjudge]

What is the name of your state? FL

Yesterday I got pulled over for driving on a suspended license on my way to the DMV to get it re-instated. The cop pulled me out of the car and immediatly begain searching my car without permission and even took the keys from my hand to open the trunk. found 10 class2 narcotic pills. Ive never seen them in my life and I deneyed them up and down. Im pretty sure I know someone left them in my car or they were planted(highly un likley i know) when he arrested me I was never read my rights. When he talked to my grandfather on the phone, I mentioned he was a retiried attorney and the cop got real worried for the rest of the trip and kept asking me odd questions like he knew he did somthing wrong. My grandfather was never an attorney I could just tell when my grandfather asked him a couple questions he got real nervous. This is my first offense and I just want to know what kinda of time if any im looking at and if this can affect me joining the coast guard. The pills were even found in the passanger seat. Im currently out on bond awaiting trial.

thank-you

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[weenor]

Get a lawyer...no one is going to believe that the cop planted them.

 

[Wrangler52]

Get a lawyer...no one is going to believe that the cop planted them.

i wasn't gonna say he did, just an idea. I was just wondering on what im looking at here.

 

[CalifAtty-5]

i wasn't gonna say he did, just an idea. I was just wondering on what im looking at here.

My response:

Let me guess . . . the cop had your car towed away and placed in storage, correct?

IAAL

 

[Wrangler52]

My response:

Let me guess . . . the cop had your car towed away and placed in storage, correct?

IAAL

No, he let a family member come and get it.

 

[CalifAtty-5]

No, he let a family member come and get it.

My response:

Okay, then you gave him permission. No one is going to believe otherwise. You're screwed! Find out the "visiting hours." Your Momma will want to know - - at least, she'll want to know when Big Bubba's not with you.

IAAL

 

[Wrangler52]

My response:

Okay, then you gave him permission. No one is going to believe otherwise. You're screwed! Find out the "visiting hours." Your Momma will want to know - - at least, she'll want to know when Big Bubba's not with you.

IAAL

Uhh...no I didn't give him permission we have a thing called "Probable cause" in Florida. I know im screwed but whatever im just trying to figure out how long i'll be with "big bubba" ;P

 

[Shay-Pari'e]

Umm dude, you were on a suspended license, not a expired one,****************************so what else is on your record?

 

[CdwJava]

Under a USSC court decision, a search absent a warrant or consent is valid when it is done as part of an inventory of the vehcle pursuant to an impound. Depending on the status of search and seizure laws in FL and the appropriate Federal Circuit Court, this search may be able to be suppressed.

Consult local counsel.

- Carl