Need advise help!!

What is the name of your state (only U.S. law)? New Hampshire

I was arrested for possesion of cocaine. It was late at night and I was outside a public place and my girlfriend was in the car smoking pot. I was outside in front of the car on the phone and a cop saw her and pulled her out of the car. He told me not to move so I didnt. The car was mine and they asked to search it and I told them yes I DONT DO DRUGS!!!! He then walked around the back of his cop car and said he saw me throw what was a small bag of white substance still dont know what was in it.He also told another cop who showed up ans he handed oit to him. There was no way I could have thrown it it was behind his car which was next to mine. when they searched me they found nothing but yet they are charging me with possession which is a felony and I could go to jail. Ive seen a lawyer and he said this is a "bs" story and he would take my case but I would need to pay him in advance. I have tried to come up with the 2500 he wants but have had no success and I go to court in Oct 7th. Will a public defender be just as good? And how bad does this look for me?

scared08 said:

The car was mine and they asked to search it and I told them yes I DONT DO DRUGS!!!!

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But ... wait ... you wrote, "I was outside a public place and my girlfriend was in the car smoking pot" ... last time I checked, pot was classified as a drug.

I have tried to come up with the 2500 he wants but have had no success and I go to court in Oct 7th. Will a public defender be just as good? And how bad does this look for me?

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A public defender can probably make the same argument for a lack of a connection that the pricier attorney can. From here it seems that the direct connection to you is weak.

At worst, you could face prison time. I do not know how serious this is in your state, but in most states a first offense for possession is not likely to net any serious jail time and you may even be eligible for diversion. If you do not have the money, consult that public defender.

- carl

Will a public defender work as hard. I was told that public defenders are not always on your side. Is that true?

Public defenders do not have the same interest a defense attorney does. You're guaranteed the right to legal council, which will ensure you receive a fair trial, not work the system to get you out of a coke charge.

So what your saying is a public defender would not try to prove my case even if there is no real proof?

A public defender tends to do what is necessary, but will not do busy work just to make himself look busy. Many motions and actions that an attorney takes have little chance of success and serve to add up billable hours - but, if that is what the client wants, he'll do it. A public defender will not tend to conduct frivolous actions that have little to no reasonable chance of success.

The public defender will generally do his job which will be to try and cast reasonable doubt on the state's case. This would not seem to be a strong case for the cocaine possession, but you never know what a jury might think.

But, it's moot, as you are likely not eligible for a public defender if you have the assets or means to engage private counsel.

- Carl

Thank you that makes so much more sense to me. I am just so ignorant to all of this as I have never had to seal with anything like this before.

Again thanks

I just found out that my girlfriends lawyer got the police report and in it it states that the officer did not readus our rights until after we were at the police station already under arrest? Is that not what is suppose to happen? Her lawyer is using this as a defense. Also I told the officer that the white substance in the baggie was not mine. He clearly states in the police report that he believe we were telling the truth. Will either oif these help my case?

I just found out that my girlfriends lawyer got the police report and in it it states that the officer did not read us our rights until after we were at the police station already under arrest? Is that not what is suppose to happen? Her lawyer is using this as a defense. Also I told the officer that the white substance in the baggie was not mine. He clearly states in the police report that he believe we were telling the truth. Will either of these help my case?

Your statement of denial is rather useless as a defense, but the officer's opinion could be. If the defense attorney can somehow figure out how to elicit that response from the officer on the stand, it could help a great deal.

- Carl

get some into on your public defender- there are great ones, and there are those who don't give a rip. I fired my daughter's public defender. She was 19, and he treated her like she was a stupid lowlife..... I heard him speak very rudely and sarcastically to another client- after I heard what he said to my daughter (he corrected her in court because she didn't say 'yes sir') as well as some other things. So- you do have the right to choose your public defender!

hollyjd said:

get some into on your public defender- there are great ones, and there are those who don't give a rip. I fired my daughter's public defender. She was 19, and he treated her like she was a stupid lowlife..... I heard him speak very rudely and sarcastically to another client- after I heard what he said to my daughter (he corrected her in court because she didn't say 'yes sir') as well as some other things. So- you do have the right to choose your public defender!

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I can't imagine going into court and NOT saying yes sir. I said it to everybody, from my attorney to the bailiff to the judge. The clerk got a yes ma'am from me as well. Politeness goes a long way, and I'm sure the PD knew that.

ReformedMan said:

I can't imagine going into court and NOT saying yes sir. I said it to everybody, from my attorney to the bailiff to the judge. The clerk got a yes ma'am from me as well. Politeness goes a long way, and I'm sure the PD knew that.

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agreed.


of course the guy from NH doesn't see what is wrong with having your gf smoke marijuana in YOUR car.

hollyjd said:

get some into on your public defender- there are great ones, and there are those who don't give a rip. I fired my daughter's public defender. She was 19, and he treated her like she was a stupid lowlife..... I heard him speak very rudely and sarcastically to another client- after I heard what he said to my daughter (he corrected her in court because she didn't say 'yes sir') as well as some other things. So- you do have the right to choose your public defender!

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You fired your 19 year old daughters public defender? I find that hard to believe, since your daughter is an adult, her situation has nothing to do with you.
I also don't know what court you were in, but I wouldn't be advising people that they can choose the public defender they want, as I've never seen it happen that way.

If you fire your public defender, you better make sure you can afford a private one to replace the one you fired, or you may find yourself on your own.

You know people are here for asvice not to be bashed why do you have to be so rude?