3 year joint suspension, caught a possession charge, was not his

[gemininikki69]

What is the name of your state? California

Hi there I am writing in regards to my husband, I would really appreciate some advice regarding this situation. First of all I will start off by letting you know that he is currently on parolle & probation for a threatning crime. He currently served 6 months and took a deal, which was a 3 year joint suspension, probation and to take classes for 1 year, 1x a week and of course to pay all his fee$ and to stay out of trouble or he will do 3 years because of the 3 year joint suspension.
He has been out since Feb. 2007 , since then he has been worknig, taking his classes, paying all his fees, checking into parolle & probation, he has been doing everything right.
About 2 weeks ago we got pulled over and of course because he is on parolle they have every right to search, I had stashed some methephetamine in the car, my husband had no idea, so when they found it they arrested him with no questions asked, I told the cops it was my brothers because I did not want my husband to know that I was using. I ended up telling the cop it was mine, I told them to arrest me and not him that he had nothing to do with it. I should of known better knowing that he is on parolle. I am the one with the drug problem, not him. well I went to court and told the public pretender that it was mine, he has a record but no drug charges. I told my husband whatever deal they try to come at him with not to take it, to take it to trial, I would think a jury cant convict someone of something if I go on the stand and say that it is mine, right? well there telling him no matter what I say it does not matter, is this true? because he is on parolle its on him, is that true? I just would like to know more about rights, I know how these P.D. work they make you think that if you go to trial you might lose and do all kind of time. please let me know A.S.A.P.what to do and what my rights are, I would really appreciate it. Do you think he should fight this and take it to trial? Or should he take the deal which is 3 years with half. tomorrow he has court and they are bringing his present case over to this court, what are the chances of them dismissing the possession case? and just violate him? I will be waiting for your response.Thanks so much.....

 

[CdwJava]

First of all I will start off by letting you know that he is currently on parolle & probation for a threatning crime.

Not a good position to be in when you decide to commit additional offenses.

I had stashed some methephetamine in the car, my husband had no idea

My thought was probably the same as theirs: "Uh huh ... sure."

Sorry, but they are not likely to believe you.

well I went to court and told the public pretender that it was mine,

That's "public DEFENDER". If you copped that attitude with the attorney or with the court, it won't help any future case of yours or your husband's current problem.

well there telling him no matter what I say it does not matter, is this true? because he is on parolle its on him, is that true?

Well, you're credibility will be a serious issue. First, you have a motive to lie to keep your husband from going back to prison. Second, they don't need to convict him to send him back on a parole violation. When he has a parole hearing, they can still send him away whether he was charged or not, or whether he was convicted or not.

And, of course, his credibility is suspect since he is a convicted felon.

Do you think he should fight this and take it to trial?

It's up to him. Your testimony might add up to reasonable doubt for his case, but it would also pretty much guarantee a felony conviction for you.

- Carl

 

[outonbail]

It is the responsibility of the person on parole to know his/her surroundings and to avoid drug users and other people on parole or probation. Before he gets in someone's vehicle he needs to ask if there are any drugs or weapons in the vehicle because if these things are found in the vehicle he/she is riding in, they will have violated their parole regardless of whether or not they were aware of these things being there.

I know a girl who's husband was released on parole and shortly after his release, she was driving him to his place of employment in her car. In the trunk was her camping gear from a camping trip she went on with her daughter's girl scout troop the previous weekend. They were stopped and the police found a knife in her back pack. Her husband was violated and did a year over it until he was paroled again. She tried everything she could to explain the situation, as he actually wasn't aware of the knife being there. But it was his responsibility to know these things so he was violated.

Your husband will almost certainly be violated because of these drugs being in the same car he was riding in, regardless of whether or not the drugs were yours, his or the wind blew them in.

 

[CdwJava]

I know a girl who's husband was released on parole and shortly after his release, she was driving him to his place of employment in her car. In the trunk was her camping gear from a camping trip she went on with her daughter's girl scout troop the previous weekend. They were stopped and the police found a knife in her back pack. Her husband was violated and did a year over it until he was paroled again. She tried everything she could to explain the situation, as he actually wasn't aware of the knife being there. But it was his responsibility to know these things so he was violated.

Okay, THAT was an absurd arrest. Unless there was a lot more to this, a knife in a kid's backpack in the trunk would not pass scrutiny to violate a parolee without some additional facts being present.

Either the facts as related to you were SLIGHTLY incomplete, or, this was the most imbecilic group of cops, attorneys, and parole board members the world has seen.

- Carl

 

[laurathelawyer]

This is a misdemeanor charge, and that the 3 1/2 years he's facing is on his previous charge, right? Or was this a really large amount of meth?

I told my husband whatever deal they try to come at him with not to take it, to take it to trial, I would think a jury cant convict someone of something if I go on the stand and say that it is mine, right?

Why are you assuming the jury would believe you? They'll know that you already lied to the cops about who the drugs belonged to. Maybe they would, maybe they wouldn't.

Your husband's attorney knows a lot more about his case than you or I. If s/he thinks your husband should take the deal, why do you doubt him? The attorney probably said that "if you go to trial you might lose and do all kind of time" because that's true in every case!

The only right of yours that is relevant here is your right to not say anything incriminating on the stand. In terms of your husband's rights, he has a right to have a trial. His lawyer gives him advice, but it's his decision whether to take the deal or go to trial.

 

[gawm]

I told the cops it was my brothers because I did not want my husband to know that I was using.

Why would you do that to your brother?

 

[moburkes]

Why are the 2 of you bringing up old threads?

 

[gawm]

Why are the 2 of you bringing up old threads?

Doh, didn't look at the date. I assumed it was newer.