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Advice is needed, habitual criminal and other things

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Secretmelody

Junior Member
What is the name of your state? Oklahoma

My friend is in a mess. He was picked up for drug possession, paraphenalia, driving without a license, and CDS possession. He has 2 other felonies that he served time for, so they want to charge him with habitual criminal also since this is his third. This is his first drug charge.

I have a couple of questions:

1: What is his outlook? He has a lawyer who is trying to get him into drug court, but I don't know much about the habitual criminal thing.

2: He may have been searched illegally. He was on private property, not in his vehicle when a cop pulled up and turned on his lights. The cop knew he didn't have a license, and told him so, and then searched the vehicle without consent, and had it towed. What are the laws concerning that? It may be legal, I don't know. Doesn't change the fact that my friend was really stupid for the third time, but I'm just curious if an officer can do this.

3. He is on bond awaiting his court date. His wife wants to move out of the county, and he doesn't want to lose her, so he wants to move with her. Can he move out of the county if he is on bail waiting for his court date?

Just curious, thanks.
 


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seniorjudge

Guest
Secretmelody said:
What is the name of your state? Oklahoma

My friend is in a mess. He was picked up for drug possession, paraphenalia, driving without a license, and CDS possession. He has 2 other felonies that he served time for, so they want to charge him with habitual criminal also since this is his third. This is his first drug charge.

I have a couple of questions:

1: What is his outlook? He has a lawyer who is trying to get him into drug court, but I don't know much about the habitual criminal thing.

2: He may have been searched illegally. He was on private property, not in his vehicle when a cop pulled up and turned on his lights. The cop knew he didn't have a license, and told him so, and then searched the vehicle without consent, and had it towed. What are the laws concerning that? It may be legal, I don't know. Doesn't change the fact that my friend was really stupid for the third time, but I'm just curious if an officer can do this.

3. He is on bond awaiting his court date. His wife wants to move out of the county, and he doesn't want to lose her, so he wants to move with her. Can he move out of the county if he is on bail waiting for his court date?

Just curious, thanks.
Click to expand...

You need to get a lawyer.

Other answers:

1 Bad

2 I can't tell without further facts; just from what you're saying, it was a search incident to an arrest after a probable cause stop, which is okay.

3 Geographic flight is always attractive but hardly ever works since you have to take the problem (you) with you. But, if you get permission from the court, you may be able to move. Bail is intended to make sure you show up for court. If you show you are co-operating, they may cut you some slack; but don't count on it.
 
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Secretmelody

Junior Member
He's got a pretty good lawyer, and his lawyer will probably try to get him into drug court, from what I understand. I'm not sure what drug court is, or what it does, but it would probably be better than jail or prison. I don't know. I wonder how much prison time he would get? He's served 3 years in prison for the first 2 felonies. I know the habitual criminal thing would double his jail time.

On the other, I suppose my question would be did they have probable cause? He wasn't on the road. He wasn't followed either. He came from one direction, pulled into private property, and was getting out of his vehicle. THe officer came from the other, and flashed his lights and told him to get into the cop car, and searched his truck without warrant or anything. I didn't know they could do that. I thought they had to ask, or present a warrant or something. I don't know much about legal stuff. :)

Thanks for the advice. :)
 
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