Talking to a prosecutor on a bogus detention and search

[runderwo]

What is the name of your state? Missouri (City of Salem in Dent County)

On my way to playing at a music festival I was pulled over for speeding. I was offered a warning in exchange for a search. I had my dugout with me, so I said I was in a hurry to play and didn't want my music gear messed with. The cop had me step out of the car and patted me down. Again he asked for consent, saying it was going to be a long wait otherwise, and I refused for the same reasons. He told me to get back in the car and stay there. I had to wait over 1/2 hour. I asked several times from my driver's window if the ticket was done and could I please go, but he was talking to his partner and pretended not to hear me (this was on the side of a state highway). Eventually the dog arrived. The officer handling it put its nose into my driver's window. The dog had to be re-focused several times. It showed no visible or audible interest in the interior of the car. The officer said it alerted anyway, and they tore the car apart and found the dugout which was in a ziploc bag in my shaving kit. I was arrested and released on summons for possession <35g marijuana under city ordinance.

I think I have a bogus enough case where I can make a deal with the city prosecutor without having to involve an attorney. My question is what is the best way to approach this. My approach was basically going to tell him that I am aware that both the detention and the dog sniff were questionable and could we settle this without me having to retain an attorney and fight it which will just cost us both time and money. I have no prior drug convictions and I am a final semester university student currently job hunting, so I really need to not have a drug charge attached to me.

What are the chances that he will make a deal with me to reduce the charge to a non-drug violation if I make a face to face appointment and use the above strategy? Or do I really need a lawyer to do this instead? The cheapest quote I got was $500, which needless to say I don't have. And if he won't make a deal with me, can I still hire a lawyer and get the lawyer to make the deal, or is there only 1 chance to do it for some reason?

[outonbail]

Originally Posted by runderwo

What is the name of your state? Missouri (City of Salem in Dent County)

On my way to playing at a music festival I was pulled over for speeding. I was offered a warning in exchange for a search. I had my dugout with me, so I said I was in a hurry to play and didn't want my music gear messed with. The cop had me step out of the car and patted me down. Again he asked for consent, saying it was going to be a long wait otherwise, and I refused for the same reasons. He told me to get back in the car and stay there. I had to wait over 1/2 hour. I asked several times from my driver's window if the ticket was done and could I please go, but he was talking to his partner and pretended not to hear me (this was on the side of a state highway). Eventually the dog arrived. The officer handling it put its nose into my driver's window. The dog had to be re-focused several times. It showed no visible or audible interest in the interior of the car. The officer said it alerted anyway, and they tore the car apart and found the dugout which was in a ziploc bag in my shaving kit. I was arrested and released on summons for possession <35g marijuana under city ordinance.

I think I have a bogus enough case where I can make a deal with the city prosecutor without having to involve an attorney. My question is what is the best way to approach this. My approach was basically going to tell him that I am aware that both the detention and the dog sniff were questionable and could we settle this without me having to retain an attorney and fight it which will just cost us both time and money. I have no prior drug convictions and I am a final semester university student currently job hunting, so I really need to not have a drug charge attached to me.

What are the chances that he will make a deal with me to reduce the charge to a non-drug violation if I make a face to face appointment and use the above strategy? Or do I really need a lawyer to do this instead? The cheapest quote I got was $500, which needless to say I don't have. And if he won't make a deal with me, can I still hire a lawyer and get the lawyer to make the deal, or is there only 1 chance to do it for some reason?

Before you go off believing that your rendition of the events are even close to the officers rendition, you need to read the arrest report.
Your attorney can get this for you. I suggest that you be sitting down when you review it.

[gawm]

You need a lawyer. You're not going to get a good deal without one. You might not even get a good deal with one but at least you'll have a chance.

[runderwo]

Originally Posted by gawm

You need a lawyer. You're not going to get a good deal without one. You might not even get a good deal with one but at least you'll have a chance.

Does it hurt me if I talk to the prosecutor first, then if he doesn't budge then hire an lawyer to talk to him?

[You Are Guilty]

So you can afford to buy weed, but you can't afford a lawyer to keep your ass out of jail? Friend, your priorities need some work. When you have a toothache, do you give yourself a filing? When your car needs transmission work, do you rebuild it yourself? And now that you need legal assistance, what makes you think you can do it yourself?

[gawm]

Originally Posted by You Are Guilty

So you can afford to buy weed, but you can't afford a lawyer to keep your ass out of jail? Friend, your priorities need some work. When you have a toothache, do you give yourself a filing? When your car needs transmission work, do you rebuild it yourself? And now that you need legal assistance, what makes you think you can do it yourself?

The Weed!

[runderwo]

Originally Posted by You Are Guilty

So you can afford to buy weed

I don't pay for it.

, but you can't afford a lawyer to keep your ass out of jail? Friend, your priorities need some work. When you have a toothache, do you give yourself a filing? When your car needs transmission work, do you rebuild it yourself? And now that you need legal assistance, what makes you think you can do it yourself?

It is a city ordinance. Equivalent to a traffic ticket. The worst that can happen is a fine. My main concern is not having a drug charge on the record. So all I want to know is am I hurting my chances to get it reduced WITH a lawyer, if I first talk to him WITHOUT a lawyer and see what he has to say.

[gawm]

Originally Posted by runderwo

I don't pay for it.



It is a city ordinance. Equivalent to a traffic ticket. The worst that can happen is a fine. My main concern is not having a drug charge on the record. So all I want to know is am I hurting my chances to get it reduced WITH a lawyer, if I first talk to him WITHOUT a lawyer and see what he has to say.

Obviously you are paying for it, in the form of a fine.

The worst that can happen is you go to the bottom of the food chain when applying for a good job.

Do you see why you need a lawyer?

[runderwo]

Originally Posted by gawm

Obviously you are paying for it, in the form of a fine.

Yes, but his point about being able to afford luxuries but not a lawyer is moot.

The worst that can happen is you go to the bottom of the food chain when applying for a good job.

Do you see why you need a lawyer?

Look. I am only asking if I try to make a deal with the prosecutor myself to plea to littering or something similar, and he isn't interested, if that blows my chances of getting a deal with a lawyer. Whether you get one swing and you are out or not. Is that a question that cannot be answered?

Maybe I'm looking at this the wrong way.

I will get a copy of the arrest report, for comic relief if nothing else (they are public record in open cases in MO).

[gawm]

Originally Posted by runderwo

Yes, but his point about being able to afford luxuries but not a lawyer is moot.



Look. I am only asking if I try to make a deal with the prosecutor myself to plea to littering or something similar, and he isn't interested, if that blows my chances of getting a deal with a lawyer. Whether you get one swing and you are out or not. Is that a question that cannot be answered?

Maybe I'm looking at this the wrong way.

I will get a copy of the arrest report, for comic relief if nothing else (they are public record in open cases in MO).

NO, I'm pretty sure you won't get a copy unless you are representing yourself. The prosecutor probably won't even talk to you unless you sign a wavier.

Think of it this way, why would the prosecutor make a deal with you? He is far more superior in knowledge about the law . What leverage do you have?

[You Are Guilty]

Well, to answer your limited question then, yes, speaking to the DA own your own can very easily (negatively) affect an attorney's chances of working out a deal for you later on.

[runderwo]

Originally Posted by gawm

NO, I'm pretty sure you won't get a copy unless you are representing yourself. The prosecutor probably won't even talk to you unless you sign a wavier.

Well, I called them and they just said I needed to call back next week once it has had supervisory approval to have it faxed to me. They asked what I needed it for and I just told them I was evaluating my options. They seemed okay with that answer.

Think of it this way, why would the prosecutor make a deal with you? He is far more superior in knowledge about the law . What leverage do you have?

If his office is busy, isn't it worth it to both of us to cut to the chase and avoid a hearing, given that a lawyer has already advised me that the search was illegal? Whether he makes $500 off a marijuana ticket or $500 off a disturbing the peace ticket doesn't seem to make much difference. Yes, I may fail. All I am asking is whether my failure would probably cost me the chance to have a lawyer take care of it later. In other words, I would prefer to TRY to save $1000 in retainer fees if it doesn't cost me anything in the attempt.

[runderwo]

Originally Posted by You Are Guilty

Well, to answer your limited question then, yes, speaking to the DA own your own can very easily (negatively) affect an attorney's chances of working out a deal for you later on.

OK. Can you elaborate? And this is a city prosecutor, not a DA.

[outonbail]

Maybe I'm looking at this the wrong way

There you go, I knew you'd start to come around

I will get a copy of the arrest report, for comic relief if nothing else (they are public record in open cases in MO).

I don't know if you'll be laughing at the police report or not, but I'm willing to bet the DA will have a chuckle when you ask him to reduce your charges to littering, so he doesn't waste his time and money fighting you in court over what you think is a bogus enough case.
Since you fail to see the humor in this plan of attack, I'll point it out for you.
You see, his job is to be in court prosecuting people just like you, who have been caught breaking the law, this is where he spends his time productively. Furthermore, he's paid for being there, it does not cost him any money.
Now, do you see the irony in your strategy?
So basically, it will cost you time and money. In other words you will be asking him to reduce your charges to littering so that you don't have to waste time and money defending yourself. So, how much leverage do you honestly believe you will have with this plan of attack?

Look at it this way, remember when you were in a hurry and asked the officer if he had the citation filled out yet so you could sign it and be on your way? Do you remember how much effect this had towards your gaining the cooperation of the officer?
The DA will be cooperating with your request even less than the officer did the night he arrested you.

Anyway, if you feel so inclined, go ahead and show your hand to the DA on your own,,,, just be aware of the fact that he's the one holding all the aces when you do.

Good luck

[You Are Guilty]

Originally Posted by runderwo

OK. Can you elaborate? And this is a city prosecutor, not a DA.

His actual title is irrelevant. However, the most obvious, but certainly not the only, danger in speaking to him about your case is that you say something you shouldn't and it gets used against you at trial.