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taking a plea or taking it to the box

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TILLY22

Junior Member
What is the name of your state (only U.S. law)? california
a confidential informant claimed to have purchased drugs from me so the police obtained a search warrant and searched my home and found drugs. Originally I was charged with selling drugs but recently that charged has been reduced to possessing drugs. the police calimed that a the informant was shown a dmv photo of a person who's name is different than mine and who is on parole with a long criminal history. supposedly the informant identified the person in the photo as the same person who sold him/or her the drugs the police claim that I am that person. which is how they we able to get the warrant to search my home. The charges were reduced to possession after my finger prints were taken which proved that I was not the person in the dmv photo that was shown to the informant and it also proved that I do not have a criminal history nor have I ever been on parole. My public defender tells me that I should accept the reduced charge which means all I need to do is complete a prop 36 class and he adviced me not to fight this case his reason for me doing this is because if reject the offer it will mean that the district attny. will have time to look over the search warrant and once he reads what is written in it he will take back the reduced charge of possession and follow through with charging me with sales a case he claims I have no chance of winning. That to me makes no sense. especially his claim that the D.A. has not yet read the search warrant. Here is my question. What should I do? I am not the person who the informant identified as being the person who sold him/or her the drugs and my finger prints have already proven that. I believe that my only involvement came in the way of me selling a truck to someone who drove it to sell the informant the drugs, a truck that was still registered to me and that is how the police got my address when they ran the plates.
 


TILLY22

Junior Member
[
RIGHT]​
IT WAS METH AND THEY FOUND APPROX. A GRAM OF THAT AND A GRAM OF COKE.
AS FOR WHY WAS THE TRUCK WAS STILL IN MY NAME, BECAUSE I F'd UP AND DIDNT SEND THE RELEASE OF LIABILITY PAPER TO THE DMV. AND THE SUPPOSED DRUG DEALER WHO BOUGHT IT HADN'T YEY TRANSFERED IT INTO HIS NAME.
FROM WHAT IS WRITTEN IN THE SEARCH WARRANT THE CI MADE THE CONTROLLED BUY WITHIN DAYS OF ME SELLING THE TRUCK. I'M JUST WONDERING IF WHAT THEY FOUND IN MY HOME IS STILL ADDMISSABLE EVIDENCE AGAINST ME EVEN THOUGH I WASN'T THE MAN THEY WERE LOOKING FOR?
THE COPS HAD SHOWN A DMV PHOTO OF SOMEONE TO THE CI AND THE CI IDENTIFIED THE PERSON IN THE PHOTO AS BEING THE PERSON FROM WHOM THE DRUGS WERE PURCHASED.
THE PERSON THAT THE CI IDENTIFIED WAS NOT ME, OUR NAMES, ADDRESSES ETC. ARE NOT THE SAME. I HAVE NO CRIMINAL HISTORY NO PRIOR CONVICTIONS UNLIKE THE MAN WHOM THE CI IDENTIFIED AS THE DRUG DEALER HE WAS A PAROLEE AND CONVICTED FELON.
THIS INFORMATION WAS WRITTEN IN THE SEARCH WARRANT AND STILL THEY WERE ABLE TO OBTAIN THE WARRANT.
WHEN THEY ARRESTED ME THEY ACCUSED ME OF BEING THE PERSON IN THE PHOTO AND ACCUSED ME OF HAVING SEVERAL IDENTITIES BUT THEY SOON DROPPED THOSE ALLEGATIONS WHEN MY FINGER PRINTS PROVED THEM WRONG. THAT WAS ALSO WHEN THE CHARGES AGAINST ME WERE REDUCED FROM SALES TO POSSESSION MY FINGER PRINTS PROVED WHO I WAS AND I WAS NOT THE MAN THEY WERE LOOKING FOR NOT THE MAN WHO SOLD DRUGS TO THE CI.
THE HEART OF THIS CASE IS BASED ON EVIDENCE AND INFORMATION GIVEN TO THEM BY A CONFIDENTIAL INFORMANT, MAYBE THEY ACTED IN GOOD FAITH BELIEVING THAT I WAS INFACT USING MULTIPLE IDENTITIES AND BELIEVING THAT I WAS THE MAN WHO WAS ID'D IN THE PHOTO. BUT NOW THEY KNOW THEY WERE MISTAKEN SHOULDN'T THE CASE BE DISMISSED? AND IF i DECIDE TO TAKE THIS CASE TO TRIAL CAN THE CI BE FORCED TO REVEAL HIS/ OR HER IDENITY SO I MAY FACE MY ACCUSERS IN COURT? [/RIGHT]
 

Banned_Princess

Senior Member
IT WAS METH AND THEY FOUND APPROX. A GRAM OF THAT AND A GRAM OF COKE.
Well then how are you going to prove they didnt find anything.

AS FOR WHY WAS THE TRUCK WAS STILL IN MY NAME, BECAUSE I F'd UP AND DIDNT SEND THE RELEASE OF LIABILITY PAPER TO THE DMV. AND THE SUPPOSED DRUG DEALER WHO BOUGHT IT HADN'T YEY TRANSFERED IT INTO HIS NAME.
Did you sell your truck for drugs?


FROM WHAT IS WRITTEN IN THE SEARCH WARRANT THE CI MADE THE CONTROLLED BUY WITHIN DAYS OF ME SELLING THE TRUCK. I'M JUST WONDERING IF WHAT THEY FOUND IN MY HOME IS STILL ADDMISSABLE EVIDENCE AGAINST ME EVEN THOUGH I WASN'T THE MAN THEY WERE LOOKING FOR?
Did the warrant have your address on it, and what they were looking for, and then did they find what was listed on the warrant at the place the warrant lists as the address they were to search, then did it turn out that that is your place?

THE COPS HAD SHOWN A DMV PHOTO OF SOMEONE TO THE CI AND THE CI IDENTIFIED THE PERSON IN THE PHOTO AS BEING THE PERSON FROM WHOM THE DRUGS WERE PURCHASED.
Was it the same guy you sold your truck to?

THE PERSON THAT THE CI IDENTIFIED WAS NOT ME, OUR NAMES, ADDRESSES ETC. ARE NOT THE SAME. I HAVE NO CRIMINAL HISTORY NO PRIOR CONVICTIONS UNLIKE THE MAN WHOM THE CI IDENTIFIED AS THE DRUG DEALER HE WAS A PAROLEE AND CONVICTED FELON.
Well, it the addresses werent the same, then how did they come across your address, from the sale of the motor vehicle? dont you think if that is what they based your search warrant on, they would have givin the CI the proper picture of you? and also wouldnt they search the known addreess of the man in the picture?


THIS INFORMATION WAS WRITTEN IN THE SEARCH WARRANT AND STILL THEY WERE ABLE TO OBTAIN THE WARRANT.
A signed warrant is a signed warrant.


WHEN THEY ARRESTED ME THEY ACCUSED ME OF BEING THE PERSON IN THE PHOTO AND ACCUSED ME OF HAVING SEVERAL IDENTITIES BUT THEY SOON DROPPED THOSE ALLEGATIONS WHEN MY FINGER PRINTS PROVED THEM WRONG. THAT WAS ALSO WHEN THE CHARGES AGAINST ME WERE REDUCED FROM SALES TO POSSESSION MY FINGER PRINTS PROVED WHO I WAS AND I WAS NOT THE MAN THEY WERE LOOKING FOR NOT THE MAN WHO SOLD DRUGS TO THE CI.
Ok, so your defense is, they were looking for someone else, and stumbled on you instead, and they should drop the charges.


THE HEART OF THIS CASE IS BASED ON EVIDENCE AND INFORMATION GIVEN TO THEM BY A CONFIDENTIAL INFORMANT, MAYBE THEY ACTED IN GOOD FAITH BELIEVING THAT I WAS INFACT USING MULTIPLE IDENTITIES AND BELIEVING THAT I WAS THE MAN WHO WAS ID'D IN THE PHOTO.
there you go then, the warrant is good.

BUT NOW THEY KNOW THEY WERE MISTAKEN SHOULDN'T THE CASE BE DISMISSED? AND IF i DECIDE TO TAKE THIS CASE TO TRIAL CAN THE CI BE FORCED TO REVEAL HIS/ OR HER IDENITY SO I MAY FACE MY ACCUSERS IN COURT?
I dont think it should be dismissed, your lawyer says it wont be dismissed, and I dont know the rest, I doubt it because the accuser is the police department.

If you are so sure the case would be thrown out of court, why dont you hire a lawyer to represent you.
 

racer72

Senior Member
AND IF i DECIDE TO TAKE THIS CASE TO TRIAL CAN THE CI BE FORCED TO REVEAL HIS/ OR HER IDENITY SO I MAY FACE MY ACCUSERS IN COURT?
Your accuser is the state and there will be someone from the prosecutor's office there representing the state.
 

TILLY22

Junior Member
Ok, no offense taken..

[
RIGHT]IF YOU WERE TRYING TO BE SNARLY, RUDE OR TO OFFEND ME I DIDN'T PICK UP ON IT.
AND WHY WOULD I SEND YOU OR ANYONE ELSE HERE A PRIVATE MESSAGE? I HAVE NOTHING AGAINST LAW ENFORCEMENT PERSONAL I RESPECT THEM FOR THE JOB THEY HAVE TAKEN ON,
ANYONE WHO HAS AN OUNCE OF CHARACTER SEES IT AS A GIVEN TO RESPECT AND HONOR A PERSON WHO HAS CHOSEN TO PUT THEIR LIFE ON THE LINE AND PROTECT AND SERVE THE GOOD AND EVEN NOT SO GOOD IN THE WORLD FROM THE WORST KIND OF PERSON AND WHO IS BRAVE ENOUGH TO PUT THEMSELVES IN THE POSITION OF SAYING AND PROVING TO THE WORST KIND OUT THERE THAT IF THEY WANT TO HARM THE PEOPLE, DESTROY AND STEAL FROM THEM THEIR PROPERTY THAT THEY WORKED HARD TO GET "YOU ARE GONNA HAVE TO GO THROUGH ME FIRST".
I HAVE ADMIRATION FOR YOU AND I APPRECIATE YOUR COMMENTS.

MY CONCERN AND CONFUSION ABOUT THIS CASE STEMS FROM THE FACT THAT THEY OBVIOUSLY HAD A NAME AND DMV RECORD OF THE MAN WHO SOLD THE DRUGS AND NO, THE MAN IN THE DMV PHOTO WAS NOT THE MAN I SOLD THE TRUCK TO AND NO I DID NOT SELL THE TRUCK FOR DRUGS.
I TAKE THAT BACK, I DON'T KNOW IF THE MAN IN THE DMV PHOTO WAS THE SAME MAN I SOLD THE TRUCK TO, ALL I KNOW IS THAT THE NAME THE MAN GAVE ME WHEN HE PURCHASED THE TRUCK WAS A DIFFERENT NAME THAN THE NAME OF THE MAN IN THE DMV PHOTO.
BUT IF THIS MAN USED SEVERAL IDENTITIES IT MAY HAVE BEEN THE SAME MAN. I DONT KNOW.
AND IT CONCERNS ME THAT SINCE THEY HAD A DMV PHOTO AND RECORD OF THIS MAN, HOW WAS IT THAT STILL THEY CAME AND RAIDED MY HOUSE. MAYBE THEY LOOKED FOR HIM OTHER PLACES AND COULDNT FIND HIM I DON'T HONESTLY KNOW. MAYBE THEY DIDN'T DO ENOUGH INVESTIGATING AND SOMEONE MADE A HUMAN ERROR AND GOT THE NAMES AND THE ADDRESSES MXED UP MAYBE MAYBE MAYBE.
THE FACT IS THAT THEY WERE LOOKING FOR A DRUG DEALER AND ENDED UP CATCHING A PART TIME DRUG USER.
THE SEARCH WARRANT WAS GRANTED SOLEY ON THE INFORMATION GIVEN TO THEM BY A CONFIDENTIAL INFORMANT AND THAT INFORMANT ID'D THE PERSON WHO SOLD THE DRUGS AND IT WAS NOT ME BUT SOMEHOW THEY ENDED UP WITH ME AT MY HOUSE BECAUSE SOMEONE SOMEWHERE MADE A MISTAKE.
I HAD NOTHING WHAT SO EVER TO DO WITH THE CONTROLLED BUY AND BEING THAT THE COPS KNEW ENOUGH ABOUT THE SUSPECT TO GET HIS PHOTO AND DMV RECORD THEY SHOULD HAVE COMPARED MY DMV RECORD, PHOTO, NAME, ADDRESS, ETC. TO THE SUSPECTS BECAUSE HAD THEY COMPARED THE TWO THEY NEVER WOULD HAVE PUT MY NAME ON THAT WARRANT.
THEY OBVIOUSLY ASSUMED THAT WE WERE ONE IN THE SAME. AND I WOULD HOPE THAT THE LAW REQUIRES THAT ALL THE INFORMATION BE INVESTIGATED THROUGHALLY AND THAT ASSUMPTIONS NOT BE THE DRIVING FORCE BEHIND A SEARCH WARRANT.
THEY CAME AND RAIDED MY HOUSE NOT BECAUSE OF ME GIVING THEM REASON TO THINK i SOLD DRUGS BUT BECAUSE THEY MADE A MISTAKE.
[/RIGHT]AND MY PUBLIC DEFENDER TELLING ME TO TAKE THE REDUCED CHARGE OF POSSESSION BECAUSE IF I DON'T THEN THE DA WILL SEE THE THE SEARCH WARRANT AND ONCE THAT HAPPENS HE WILL TAKE BACK THE REDUCED CHARGE AND CHARGE ME WITH SALES AGAIN. GIVE ME A BREAK, IN ORDER FOR CHARGES TO HAVE BEEN FILED IN THE FIRST PLACE THE DA WOULD HAVE HAD TO ALREADY READ THE SEARCH WARRANT. RIGHT?
ABSOLUTELY RIGHT. THIS WHOLE THING IS REALLY QUITE DISTURBING. I NEED SOME UNBIASED ADVICE HERE. PLEASE? ANYONE?​
 

Shadowbunny

Queen of the Not-Rights
[
RIGHT]IF YOU WERE TRYING TO BE SNARLY, RUDE OR TO OFFEND ME I DIDN'T PICK UP ON IT.
AND WHY WOULD I SEND YOU OR ANYONE ELSE HERE A PRIVATE MESSAGE? I HAVE NOTHING AGAINST LAW ENFORCEMENT PERSONAL I RESPECT THEM FOR THE JOB THEY HAVE TAKEN ON,
ANYONE WHO HAS AN OUNCE OF CHARACTER SEES IT AS A GIVEN TO RESPECT AND HONOR A PERSON WHO HAS CHOSEN TO PUT THEIR LIFE ON THE LINE AND PROTECT AND SERVE THE GOOD AND EVEN NOT SO GOOD IN THE WORLD FROM THE WORST KIND OF PERSON AND WHO IS BRAVE ENOUGH TO PUT THEMSELVES IN THE POSITION OF SAYING AND PROVING TO THE WORST KIND OUT THERE THAT IF THEY WANT TO HARM THE PEOPLE, DESTROY AND STEAL FROM THEM THEIR PROPERTY THAT THEY WORKED HARD TO GET "YOU ARE GONNA HAVE TO GO THROUGH ME FIRST".
I HAVE ADMIRATION FOR YOU AND I APPRECIATE YOUR COMMENTS.

MY CONCERN AND CONFUSION ABOUT THIS CASE STEMS FROM THE FACT THAT THEY OBVIOUSLY HAD A NAME AND DMV RECORD OF THE MAN WHO SOLD THE DRUGS AND NO, THE MAN IN THE DMV PHOTO WAS NOT THE MAN I SOLD THE TRUCK TO AND NO I DID NOT SELL THE TRUCK FOR DRUGS.
I TAKE THAT BACK, I DON'T KNOW IF THE MAN IN THE DMV PHOTO WAS THE SAME MAN I SOLD THE TRUCK TO, ALL I KNOW IS THAT THE NAME THE MAN GAVE ME WHEN HE PURCHASED THE TRUCK WAS A DIFFERENT NAME THAN THE NAME OF THE MAN IN THE DMV PHOTO.
BUT IF THIS MAN USED SEVERAL IDENTITIES IT MAY HAVE BEEN THE SAME MAN. I DONT KNOW.
AND IT CONCERNS ME THAT SINCE THEY HAD A DMV PHOTO AND RECORD OF THIS MAN, HOW WAS IT THAT STILL THEY CAME AND RAIDED MY HOUSE. MAYBE THEY LOOKED FOR HIM OTHER PLACES AND COULDNT FIND HIM I DON'T HONESTLY KNOW. MAYBE THEY DIDN'T DO ENOUGH INVESTIGATING AND SOMEONE MADE A HUMAN ERROR AND GOT THE NAMES AND THE ADDRESSES MXED UP MAYBE MAYBE MAYBE.
THE FACT IS THAT THEY WERE LOOKING FOR A DRUG DEALER AND ENDED UP CATCHING A PART TIME DRUG USER.
THE SEARCH WARRANT WAS GRANTED SOLEY ON THE INFORMATION GIVEN TO THEM BY A CONFIDENTIAL INFORMANT AND THAT INFORMANT ID'D THE PERSON WHO SOLD THE DRUGS AND IT WAS NOT ME BUT SOMEHOW THEY ENDED UP WITH ME AT MY HOUSE BECAUSE SOMEONE SOMEWHERE MADE A MISTAKE.
I HAD NOTHING WHAT SO EVER TO DO WITH THE CONTROLLED BUY AND BEING THAT THE COPS KNEW ENOUGH ABOUT THE SUSPECT TO GET HIS PHOTO AND DMV RECORD THEY SHOULD HAVE COMPARED MY DMV RECORD, PHOTO, NAME, ADDRESS, ETC. TO THE SUSPECTS BECAUSE HAD THEY COMPARED THE TWO THEY NEVER WOULD HAVE PUT MY NAME ON THAT WARRANT.
THEY OBVIOUSLY ASSUMED THAT WE WERE ONE IN THE SAME. AND I WOULD HOPE THAT THE LAW REQUIRES THAT ALL THE INFORMATION BE INVESTIGATED THROUGHALLY AND THAT ASSUMPTIONS NOT BE THE DRIVING FORCE BEHIND A SEARCH WARRANT.
THEY CAME AND RAIDED MY HOUSE NOT BECAUSE OF ME GIVING THEM REASON TO THINK i SOLD DRUGS BUT BECAUSE THEY MADE A MISTAKE.
[/RIGHT]AND MY PUBLIC DEFENDER TELLING ME TO TAKE THE REDUCED CHARGE OF POSSESSION BECAUSE IF I DON'T THEN THE DA WILL SEE THE THE SEARCH WARRANT AND ONCE THAT HAPPENS HE WILL TAKE BACK THE REDUCED CHARGE AND CHARGE ME WITH SALES AGAIN. GIVE ME A BREAK, IN ORDER FOR CHARGES TO HAVE BEEN FILED IN THE FIRST PLACE THE DA WOULD HAVE HAD TO ALREADY READ THE SEARCH WARRANT. RIGHT?
ABSOLUTELY RIGHT. THIS WHOLE THING IS REALLY QUITE DISTURBING. I NEED SOME UNBIASED ADVICE HERE. PLEASE? ANYONE?​

Your chances of getting responses will improve greatly if you edit your post so it's no longer in all caps. Not only is ALL CAPS considered to be rude, it also makes your post really, really difficult to read.

Also, you're confusing poster's signature lines with their remarks to you. No one was suggesting you private message them, nor accusing you of being rude.
 

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