I welcome all advice

[laragon]

I'll try to keep this short, I'm involved in a ugly custody case that has lasted two and a half years. I have a custodial evaluator, and guardian ad litem both recommending custody for me. Four days before my final court date, someone plants a large quantity of marijuana in my vehicle and calls the police anonymously to "tip them off".
I don't use drugs, and have no criminal record of any kind. My attorney had me take a drug test, asked that the drugs be dusted for finger prints, and is taling to the prosecutor about setting up a polygraph test with the state police. Any advice on eaither proving my innocence, or nailing the wench that setme up would be GREATLY appreciated!!

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.

You need a hair sample drug test analysis taken. There is one particular one: psychemedics, the most reliable company. Try them and have the analysis immediately distributed, it is the most accurate testing, better than fingernail or urine.

Also, keep up on everything. do not let it slack. polygraphs are not admissable in court.

You might want to find a good criminal defense atty on how to counsel you on this particular matter (how best to clear your name). Go to attorneypages.com and find a criminal defense attorney in your state.

Good luck to you.

 

[laragon]

lawrat, thanksfor the reply. I never thought of a hair test. My attorney that represents me for the custody case is helping me with this one as well. I think his idea with the polygraph test was in hopes of getting the case dismissed so it won't even have to go to court. He said he's been talking with the prosecutor. I won't accept any plea bargains because besides being 100% innocent, i need to have a clean record because of the nature of my work. If the prosecutor doesn't dismiss this, is this the type of thing that is heard before a jury? One last question. I have complet access to the law library of a renowned law school. Any advice on where i might find like cases where a precedent has already been set?

 

[Tracey]

This isn't really a legal issue - it's more fact intensive. You will 'put your ex on trial' and show that she had motive, method, and opportunity to frame you; that you are a fine upstanding citizen who would NEVER possess drugs; and that you have always tested negative for drug use. You'll call character witnesses who say they've never seen you use drugs. You'll also call character witnesses who will say that ex uses drugs and is a manipulative ***** who will stop at nothing to get revenge on you for leaving her. Then you'll point to the fact that there's no evidence tying you to the drugs beyond the fact that they were in your car, to which she has a key, by the way. Get the idea? The question for the jury is whether your claim of "I was framed" is credible.

The legal issues you should research are:
1) was the search of the car legal? Many states have caselaw stating that an "eyewitness report" of drug possession from an ex-spouse embroiled in a custody dispute is NOT sufficiently credible to support a search warrant.

2) Can you raise character evidence and prove it through specific acts when the character you're putting into issue is not the defendant's? (ER 404, 608/9)

If you take the polygraph, take the big, long, expensive, all-day polygraph test that's really really accurate, not the little machine in the back of the cop shop test.

Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 29, 2000).]