Arrest, Search, Seizure, Warrant wrong place at the wrong time>car seized

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unlucky24

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I am a single mother of 4 and recently had an ugly breakup with kids father. Well I have an old friend (which I hadn't seen in a while) I had known him for several years and even had a relationship in between breakups with ex. He had always been good to me. I am living with my parent's at the time so I left one satuday night after the kids went to bed (left them with my parents.) I went and picked him we were going to drink a little bit and hang out for a few hours. Well we went and got the drinks and were trying to figure out where we wanted to go. He had moved away to go to school so it had been about 6 months or so since I'd seen him last, I seen him earlier that day at the store and gave him my number, wish I could see in to the future!! well we turned down the wrong road. They had a road block set up and little did I know he had already opened one of his beers and his dumb *ss left it in the cup holder. Anyways they asked who's the beer was and he said his well they asked us to get out and when he got out they found a baggie of meth and ectasy in the floorboard on his side. He of course said "it's not mine" so they were badgering me what is this what is this. I told them repeatedly I don't know. Ectasy is not that big around here so they had to do a field test on it because they didn't know what it was. Niether did I. I have never done drugs don't mess with drugs and definitily don't sell them. They never asked me if they could search my car they just started searching after they asked him to get out and seen the baggie in the floor. So since we both denied the drugs they towed my car arrested both of us and charged felony charges on me. I have never been in trouble before I have no record whatsoever. I later found out he was still on probabtion for charges for the same thing (which I did not know about) He never told me anything. I knew he had been in trouble a few years back but hadn't heard anything recently. But I never would have thought he would do that to me. He knows I have 4 kids and one of my kids is his. And he had the nerve to call me the next day after I got out of jail and ask me who's drugs those were? I mean I have never seen that side of him. Is this God telling me not to be with him! Well they have decided to forfeit my car which I have no idea what that means. I don't know what I am going to do. I can't go to jail I have 4 kids and I am scared they might try to take them away from me. I never go anywhere or do anything. I stay at home 24/7 with my kids. The one night I decided to go somewhere this happens. Does it matter that the drugs were found on his side? Does it matter that I've never been in trouble before? They gave me 2 tickets one for possession with intent to distribute and the other for paraphanelia. I later found out they gave me a ticket for open container. Can they do that since he said it was his? I tried to hire a lawyer but he wanted $4,000 up front. Which is out of the question. I don't have a lawyer yet so would a public defender help me not get it so hard? Any suggestions? Advice?


I'm sorry this was so long and drawn out but there were a lot of facts to be told.
I was just in the wrong place at the wrong time.

Thanks Unlucky24
 
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
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