Help! Daughter in hi profile case. Right to fair trials?

[Angela Black]

Jurisdiction

Virginia

My daughter was arrested on a drug charge. Her 1st time ever in trouble. The police stopped her and said reason for stop was air freshener hanging from rearview mirror and 7 stopped her. Soon as they stopped her the officer asked where the drugs were and my daughter told him. He asked how she got them out of her bra and where they were now so fast. I believe her so called friend who I believe was informant was riding with her and was a felon and had drugs on her also but was never searched. I believe she was texting with police. They also informed my daughter that they had a tracking device on her vehicle after she was arrested. I believe they thought she was a big time dealer when in reality she wasn't. Her attorney stated at first he could possibly do something about illegal stop but now seems to not care about that. Was this an illegal stop as officer stated when asked he was stopping her for air freshener in rear view mirror?

I have a few questions about the procedures of court. My daughter was arrested in one county in VA. On a felony drug charge in Feb 2018. This was her first time ever in trouble. Then in June 2018 she was arrested in another county in VA. In a high profile case on 7 felonies, each charge also charged with conspiracy. In the drug charge case she was given a total of 5 different public defenders before the latest. It just got certified to circuit Court in the past 6 months.

Her current attorney first stated he could probably use the fact it was an illegal stop but since has changed his tune. He never shows up for her court dates on time sometimes hours late and has never went and seen her at the jail. He simply visits with her about 5 minutes before court and advised her she needs to do whatever it is he suggests. He doesn't give options or explanations.

I asked about her right to speedy trial and had he filed a motion for discovery. He said she waived her right orally and that he requested discovery orally. Can those be done orally? Then he wants my daughter to wait till after she could possibly be found guilty of 7 felonies to go to court on the drug charge. He said if that county don't hit her hard then the one she has the drug charge in would. When I asked wouldn't it make more sense to go ahead with the drug charge as she had never been in trouble at that point. He explained all the judges knew her name and the case in the other county and he felt that if other county did find her guilty then he could plead for lighter sentence based on that. Seems they are gonna sentence her on the drug charge based on her charges in other county. Then if she were found guilty in other county of all 7 felonies wouldn't the sentencing guidelines be very high on the drug charge if she were sentenced after?

When he speaks with the Commonwealth attorney in the drug case they are both in the courtroom talking about the case my daughter is involved in in the other county. It seems he doesn't care if she is found guilty or not. He is not recommending anything other than plead guilty and hope for 3 years. He just thinks she should wait till after other case to continue with the drug charge. If all the judges know her name and about the high profile case in the other county and are gonna hit her hard on the drug charge if the other county doesn't wouldn't moving it out of the county be an option? What about her right to a fair trial?

He doesn't like to answer questions and it seems she is not going to get a fair trial when her attorney states things like he has. I can't afford an attorney in both cases and of course have chosen the case with 7 possible felonies to get her a lawyer as it has been postponed till next year. Now I guess this will be also. Her first drug charge he said she should plead guilty and she is but he said she's looking at 3 years. I believe after he got her case and found out about the high profile case he doesn't really care what is in her best interest. At every court date he asks the judge for a postponement as she is involved in a big case in neighboring county.

Any advice? Questions I could ask? Anything at this point would be helpful. Thank you for your valuable time.

 

[adjusterjack]

Please keep all of your discussion about your daughter's situation in this one thread and don't open others for questions on the same topic. I moved your comments from the other post and deleted it as a duplicate. Note that I also divided your large block of text into paragraphs to make it easier for other to read.

As for your daughter's situation, she seems to have gotten into drugs in a big way and is likely looking at a stretch in prison. There may be nothing anybody can do to stop that.

 

[justblue]

My daughter was arrested on a drug charge. Her 1st time ever in trouble. The police stopped her and said reason for stop was air freshener hanging from rearview mirror and 7 stopped her. Soon as they stopped her the officer asked where the drugs were and my daughter told him. He asked how she got them out of her bra and where they were now so fast. I believe her so called friend who I believe was informant was riding with her and was a felon and had drugs on her also but was never searched. I believe she was texting with police. They also informed my daughter that they had a tracking device on her vehicle after she was arrested. I believe they thought she was a big time dealer when in reality she wasn't. Her attorney stated at first he could possibly do something about illegal stop but now seems to not care about that. Was this an illegal stop as officer stated when asked he was stopping her for air freshener in rear view mirror?

I have a few questions about the procedures of court. My daughter was arrested in one county in VA. On a felony drug charge in Feb 2018. This was her first time ever in trouble. Then in June 2018 she was arrested in another county in VA. In a high profile case on 7 felonies, each charge also charged with conspiracy. In the drug charge case she was given a total of 5 different public defenders before the latest. It just got certified to circuit Court in the past 6 months.

Her current attorney first stated he could probably use the fact it was an illegal stop but since has changed his tune. He never shows up for her court dates on time sometimes hours late and has never went and seen her at the jail. He simply visits with her about 5 minutes before court and advised her she needs to do whatever it is he suggests. He doesn't give options or explanations.

I asked about her right to speedy trial and had he filed a motion for discovery. He said she waived her right orally and that he requested discovery orally. Can those be done orally? Then he wants my daughter to wait till after she could possibly be found guilty of 7 felonies to go to court on the drug charge. He said if that county don't hit her hard then the one she has the drug charge in would. When I asked wouldn't it make more sense to go ahead with the drug charge as she had never been in trouble at that point. He explained all the judges knew her name and the case in the other county and he felt that if other county did find her guilty then he could plead for lighter sentence based on that. Seems they are gonna sentence her on the drug charge based on her charges in other county. Then if she were found guilty in other county of all 7 felonies wouldn't the sentencing guidelines be very high on the drug charge if she were sentenced after?

When he speaks with the Commonwealth attorney in the drug case they are both in the courtroom talking about the case my daughter is involved in in the other county. It seems he doesn't care if she is found guilty or not. He is not recommending anything other than plead guilty and hope for 3 years. He just thinks she should wait till after other case to continue with the drug charge. If all the judges know her name and about the high profile case in the other county and are gonna hit her hard on the drug charge if the other county doesn't wouldn't moving it out of the county be an option? What about her right to a fair trial?

He doesn't like to answer questions and it seems she is not going to get a fair trial when her attorney states things like he has. I can't afford an attorney in both cases and of course have chosen the case with 7 possible felonies to get her a lawyer as it has been postponed till next year. Now I guess this will be also. Her first drug charge he said she should plead guilty and she is but he said she's looking at 3 years. I believe after he got her case and found out about the high profile case he doesn't really care what is in her best interest. At every court date he asks the judge for a postponement as she is involved in a big case in neighboring county.

Any advice? Questions I could ask? Anything at this point would be helpful. Thank you for your valuable time.

Why are you posting about your daughters CRIMINAL CASE on the internet? Persecutors, Investigators and Police Officers peruse legal sites and I would bet my last dollar that with the identifying info that is in your post, the DA on her criminal case would know who this is about. If you want to help you daughter stop bleating on the internet about HER criminal issues.

She has an attorney and ALL questions that she has she should ask her attorney.

 

[mightymoose]

Was this an illegal stop...

You don't give enough information to assess this, but it is probably legitimate. The actual offense was likely "obstructed view". They would have been smart to wait for a better violation if they had time.

However...

Soon as they stopped her the officer asked where the drugs were and my daughter told him.

The damage is already done. She gave herself up. This is about limiting the damage, not getting off the hook.

You did not give any reason to believe she won't receive a fair trial, but that is an issue for appeals and she has a long way to go for that.

 

[Zigner]

One thing to note: "Fair trial" does not necessarily mean one in which your daughter prevails.

 

[Zigner]

Any advice?

You may wish to stop protecting your daughter and let your daughter face the consequences of her actions.

 

[flyingron]

Your daughter should be talking to an attorney and only an attorney. Air fresheners may seem like a lame reason to pull someone over, but the standard is low. All the officer needs is an articulable and reasonable suspicion that a crime has been committed. In this case, one has: 46-2.1054. Even disabled placards (much to the chagrin of most) are not permitted.

Virginia's speedy trial law is five months if she is in custody (measured from the preliminary hearing if such has occurred or from the date of her being taken into custody otherwise) and generally accepted to be nine months if not in custody. Any legal maneuvers on her attorney's part can further delay things. It's possible to speed things up by waiving prelims and the indictment.

There doesn't need to be a motion, written or oral, to obtain discovery. the Commonwealth is obliged to provide it. It only needs to be brought to the court's attention if the defense thinks that something has not been provided.