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Posession paraph

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preacher311

Junior Member
What is the name of your state?louisiana st.tammany ok my own case. i was arrested 1/29/2005 on posession drug paraph(mrj pipe). i was on a work release trsty porgram so i was violated and had to parish jail time was released today. the pipe was not on me it was stuffed in the back seat. iwas the only one back there so they arrested me. there was no consent to search, nothing in plain site, i had no 72 hour hearing, no drug test and was the only one arested. driver had a suspened liscence and front passenger was also a work rlease trsty( work for sherrifs from 8am to 4pm monay thru friday and go home at night) can i beat this charge? lsr#40:1033 my bond receip also staes 12/16/2004 instead of 1/29/2005. please help
 
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MrStoner

Member
While it is very unfortunate what happened to you in this case the unfortunate fact is that you are a broke criminal and probably will not be able to beat the charge unless one of your buddies is willing to cop to the pipe.

I guess if you really fought it and your prints were nowhere on it and your lawyer could show one of the vehicle's other occupant's prints were on the pipe, maybe, but most juries are probably going to assume you're smoking it with him if you're hanging out in his car.

Next time you're riding with someone and it looks as though the police encounter may go negative, just get out of the car and leave, the officer has no right to detain or ID you, just ask him if you are being detained or if you are free to go if he asks you for anything and you will be let on your way.

-MrStoner
 
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preacher311

Junior Member
MrStoner said:
While it is very unfortunate what happened to you in this case the unfortunate fact is that you are a broke criminal and probably will not be able to beat the charge unless one of your buddies is willing to cop to the pipe.

I guess if you really fought it and your prints were nowhere on it and your lawyer could show one of the vehicle's other occupant's prints were on the pipe, maybe, but most juries are probably going to assume you're smoking it with him if you're hanging out in his car.

Next time you're riding with someone and it looks as though the police encounter may go negative, just get out of the car and leave, the officer has no right to detain or ID you, just ask him if you are being detained or if you are free to go if he asks you for anything and you will be let on your way.

-MrStoner
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what about all the mess ups.. i am hiring a lawyer by hte way just seeking other advice also..never said i was broke
 
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MrStoner

Member
preacher311 said:
what about all the mess ups.. i am hiring a lawyer by hte way just seeking other advice also..never said i was broke
Click to expand...
No but you illuded to the idea that you needed to carpool with other criminals to and from work release. You might get them to significantly reduce it if you can get your public defender to fight hard enough for you, you will have to bug the living c r a p out of him though.
 
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preacher311

Junior Member
MrStoner said:
No but you illuded to the idea that you needed to carpool with other criminals to and from work release. You might get them to significantly reduce it if you can get your public defender to fight hard enough for you, you will have to bug the living c r a p out of him though.
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even if it the wrong date on bond receipt 12/16/2004 instead of 1/29/2005, and never drug tested, also no consent and nothing in plain site??
 
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MrStoner

Member
preacher311 said:
even if it the wrong date on bond receipt 12/16/2004 instead of 1/29/2005, and never drug tested, also no consent and nothing in plain site??
Click to expand...

As far as I know when you're on parole you waive your right to not consent to a search. I think they're allowed to search you or your property at any time for any reason or no reason whatsoever.

Hopefully your attorney will have better news for you.

--MrStoner
 
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snostar

Senior Member
MrStoner said:
As far as I know when you're on parole you waive your right to not consent to a search. I think they're allowed to search you or your property at any time for any reason or no reason whatsoever.
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True, but we don't know if the OP violated probation or parole. Probable cause to search could have been based on other factors. The error in the date, will likely have little to no positive effect for you in court.
 
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