What is the name of your state (only U.S. law)? California
A friend was recently in a traffic stop for excessive noise. Because there was a marijuana smell coming from his car, the officers pulled him out, searched him and found a small container of marijuana. The officers then called, on a cell phone, a narcotics officer. My friend waited about an hour for the narcotics officer to arrive and his car was searched, which took another 45 minutes. The found, under the hood, out of his presence, about an ounce of rock cocaine. He was arrested for possession for sales. He was never cited for the excessive oice. Now, about 6 months prior this incident, his girlfriend was arrested and convicted for Section 8 fraud. The prosecution in her case tried to implicate him in his girlfriend's fraud case, but could not.
Now, here's why I ask if there could be a conflict. The two officers who arrested his girlfriend were the same two officers who arrested him. The same prosecutor who tried his girlfriend's case is schedule to try his case. Along with the same judge in his girlfriend's case. Needless to say he has a lousy public defender and there are numerous issues that are questionable and that his attorney has not even attempted to argue effective or have dismissed (like a black and white digital photo of the cocaine - hardly distinguishable in the photo, but the three officers are passing the buck back and forth as to who LOST the color photo). And to make it even worse,he has two thirteen year old prior possession for sale convictions and his attorney is trying to force him to take the stand. Desperation abound. Please advise!!!What is the name of your state (only U.S. law)?
A friend was recently in a traffic stop for excessive noise. Because there was a marijuana smell coming from his car, the officers pulled him out, searched him and found a small container of marijuana. The officers then called, on a cell phone, a narcotics officer. My friend waited about an hour for the narcotics officer to arrive and his car was searched, which took another 45 minutes. The found, under the hood, out of his presence, about an ounce of rock cocaine. He was arrested for possession for sales. He was never cited for the excessive oice. Now, about 6 months prior this incident, his girlfriend was arrested and convicted for Section 8 fraud. The prosecution in her case tried to implicate him in his girlfriend's fraud case, but could not.
Now, here's why I ask if there could be a conflict. The two officers who arrested his girlfriend were the same two officers who arrested him. The same prosecutor who tried his girlfriend's case is schedule to try his case. Along with the same judge in his girlfriend's case. Needless to say he has a lousy public defender and there are numerous issues that are questionable and that his attorney has not even attempted to argue effective or have dismissed (like a black and white digital photo of the cocaine - hardly distinguishable in the photo, but the three officers are passing the buck back and forth as to who LOST the color photo). And to make it even worse,he has two thirteen year old prior possession for sale convictions and his attorney is trying to force him to take the stand. Desperation abound. Please advise!!!What is the name of your state (only U.S. law)?