From speeding to jail: Possession and resisting. What's the best plan?

[willpower102]

What is the name of your state? TN

My friend (don't they all start out like that ) was paced going 75 or 80 in a 45 on a bike while riding without his motorcycle endorsement. He has a car license but I don't think that matters. I don't know all the details, but he was stopped and when they asked to search he said, "I'm sorry, but I don't consent to searches." So they arrested him on the bondable offense of doing a certain speed over the limit. (not sure what that speed has to be? 20? 30?)

After arresting him they searched him at some point and found 2 grams of marijuana and 4.5 unprescribed xanax. He posted bond, (not sure how much) and his bike was either towed or impounded. He got a possession charge and resiting arrest. He said they told him resisting was because he didn't consent.

Now, I gave him advice, but I want to double check if it's correct.

First off, get a local lawyer who knows the DA, the judge, and is familiar with these type of cases. Talk to the lawyer about trying to get as many of the charges reduced (or dropped) as possible and the worst that will happen is probably probation, fees, and maybe some community service. This is his first and he's in his final semester of college, so I figure there's no way they are going to give him jail time as long as he get's a lawyer. I told him pre-trial diversion would probably be the route they would take.

questions:
1. Is my advice accurate and if not can you correct it for me?

2. Is a pre-trial diversion (at worst judicial) the best route in this case or are there betters?

3. What are the charges and sentencing for each of the drugs, speeding, and resisting?

4. If they review the tape, and see that he didn't resist arrest in any way, (besides denying the search) what are the chances of the DA dropping that one?

 

[FlyingRon]

Both the speeding and the failure to have a valid motorcycle license are most likely arrestable offenses. The resultant search as he was taken into custody is therefore also likely legal and the stuff found admissible.

Failure to consent to a voluntary search is not resisting arrest, perhaps your friend is omitting something else.

Your advice seems well thought out and prudent. He seems to be guilty as hell and nothing improper about most of the charges.

 

[willpower102]

Both the speeding and the failure to have a valid motorcycle license are most likely arrestable offenses. The resultant search as he was taken into custody is therefore also likely legal and the stuff found admissible.

Failure to consent to a voluntary search is not resisting arrest, perhaps your friend is omitting something else.

Your advice seems well thought out and prudent. He seems to be guilty as hell and nothing improper about most of the charges.

Yeah, he is, and he knows it. I didn't think they did anything wrong. I don't thing he thought so either. Just wanted to double check.

I thought the same thing at first about the resiting, but he's not the type to bend truths so I'm not sure what to think. He's pretty angry about that. I guess that will pan out eventually.

[edit: deleted comment, realized it was incorrect]

 

[willpower102]

Public defender or not?

I vaguely remember hearing that getting a public defender is not a good idea if he wants his sentence reduced as much as possible. Is this true? Should he look into hiring a local counselor skilled in this area?

 

[LeeHarveyBlotto]

If he can hire an attorney, he should do so. If he's financially capable of hiring a lawyer, he's not entitled to a PD.

 

[willpower102]

He's financially entitled to a PD. The question is if he should borrow money to instead hire a lawyer. Would this work out in his favor any better? Meaning, would the pd just hold his hand through a guilty pleas instead of pushing for a diversion?

I remember now someone from my school who went to court twice in five years on theft over 1000 and was able to receive probation and a diversion both times. Would he have received such good deals with a PD?

 

[willpower102]

Tomorrow is my friends court date. It's wierd b'c I just asked him if he was getting a diversion and he said he's flipping out b'c he's going to court for a trial? Then he said, after the probation is over he may get a diversion?

To me this sounds like judicial diversion, is that right? Eg. go to court, plea guilty, seal the file away, complete probation, then follow up to have it expunged. If this is correct, then there's not way he's going to jail tomorrow, maybe?