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standing on codefendants charges being suppressed

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llwalsh

Guest
i was charged with possession of 112 grams of cocaine with 2 other co-defendants.the guy that had the drugs on him walked, but they charged me & my ex-boyfriend with possession w/ intent to deliver. they say they violated his 4th amendment, but this will not stand for us. at the scene the guy that had the drugs on him was arrested for obstructing a peace officers and when they took him to the station is when they found the drugs. me & my ex were let go at the scene and they later came & got us after chris made a statement. they say they first had probable cause to stop us because of a confidential source, they had k-9 on the scene and searched the car & us 3 times never finding any drugs. they say we have no standing to have uor charges suppressed. but i thought when they usually let one go they let all go. i have no previous charges on my record and have never been in trouble. but my ex is a convicted felon and the other guy has also been in trouble.
is there anything i can do or any cases you know that will help me get off.the judge says if we could find one he had no problem suppressing the charges. i due to turn myself in on feb 11 ,2001 for 120 days of boot camp.
 


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llwalsh

Guest
homeguru

thanks for that advice, your alittle late with it-i've already paid 10,000.00 up front to one. also i have one more question are you a law student or a lawyer or what. i appreciate your time. thanks.

[Edited by llwalsh on 01-07-2001 at 12:04 PM]
 
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janelle tillman

Guest
i DON'T KNOW ABOUT WHAT YOUR STATE DOES BUT I DO KNOW THAT MY DAUGHTER WAS IN THE WRONG PLACE AT THE WRONG TIME AND THIS WHOLE MESS HAS COST US A FORTUNE BOTH FINANCIALLY AND EMOTIONALLY. I KNOW THIS HAS BEEN NO HELP BUT MY PLEA TO MANY OUT THERE IS JUST STOP AND THINK ABOUT WHO YOU RUN WITH YOU CAN'T TELL A BAD GUY BY LOOKS ALONE. i'M SURE MY KID WISHES SHE LISTENED TO MOM THIS ONE TIME. take care
janelle
 
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llwalsh

Guest
to janelle tillman

maam you are exactly right. the state i live in is tennessee but the charge took place in illinois. if only i could turn back the hands of time. i have totally changed my life around but i guess it was to late. i know exactly what you mean about financially and emotionally draining someone i have put my parents through an awful lot but they have stood by me through it ALL!!! i am still fighting to get it suppressed but i do not know what will happen. they are trying to get me to go to boot camp for 4 months but i am in bad health so i might just go to county jail. but since i already paid an attorney 10,000 dollars up front i do not know if he is even still working on my case. i have pulled up over 250 cases myself trying to find something. can i ask what exactly happened to your daughter and what did she end up getting? what state are you from. thank you for your time. god bless and take care. llwalsh
 
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Not Guilty

Guest
If the police illegally searched and or seized the co-defendant, the issue is do you have standing to contest any illegal search and or seizure of the co-defendant. The only way the accused has standing is if the accused has a reasonable expectation of privacy in the area searched. I doubt it is possible to have standing in the search of the person of the co-defendant.


THIS IS JUST A SUGGESTION, NOT ANY LEGAL ADVISE YOU SHOULD RELY ON. YOUR ATTORNEY SHOULD RESEARCH THE ISSUE AND GIVE YOU A WRITTEN OPINION IF YOU HAVE STANDING TO CONTEST THE ALLEGED 4TH AMENDMENT VIOLATION OF THE CO-DEFENDANT.
 
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janelle tillman

Guest
First thing I am just Janelle no maam's if you please but thanks for the manners.
We live in KS and my daughter was arrested Sept. 28 00 on 7 felony and 2 misdemeanor charges she wasn't involved in all but I'm not dumb or goofy enough to believe she was totally innocent either. She was arrested at a meth house where she had been staying for over two weeks. I always gave her more than enough credit to stay away from that stuff but she proved me wrong. She hasn't been tryed yet but she's facing a max of 45 years she will be an old woman if the worst happens and her son will be 47 then.
If you'd ever like to e-mail me about anything just go to [email protected]. Anyway let me know how you stand when things are said and done. Worrying won't change a thing it's all been written into the book.
 
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llwalsh

Guest
reply to not guilty

that is the problem i am facing right now is the privacy rule. they are saying i had no privacy. but my ex-boyfriend owned the car so he can probably say they violated his privacy, right? he would have more standing as the owner of the car.. i just do not think it is fair that they let the one with the drugs off and we are left to face the time. but as i've learned the hard way...life is not always fair. thanks for your advice. if you think of anything or any cases that would help me get off please let me know a.s.a.p. i am due to turn myself in the end of feb.
 
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Not Guilty

Guest
The issue is only if you have a reasonable expectation of privacy. If you have no reasonable expectation of privacy in the vehicle you have no standing to contest the search. It does not matter if your boyfriend owned the vehicle. The most likely way you would have standing to contest the Fourth Amendment violation is if you were the driver or a passenger or had some other reasonable expectation of privacy in the vehicle.

YOU NEED TO FOLLOW YOUR LAWYERS ADVISE AFTER ALL YOU PAID HIM OR HER $10,000.

[Edited by Not Guilty on 01-16-2001 at 01:58 PM]
 
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llwalsh

Guest
reply to not guity

well i have to say i do not agree with you when you say to follow your attorney's advice you paid him $10,000 just because you pay someone 10,000 does not mean they are right. i'm sure you have heard of misrepresentation. my attorney really has not done anything for me but take my money. i'm the one looking up case after case on westlaw and lexis to try and find a way out of this mess. it is not fair that we are left to face the time when the most guilty one gets off. and by the way my-ex was driving the car. so i guess i'm left to face the music alone!!! thanks for you time
 

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