Drug Crimes, Substance Abuse improperly represented?

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firstly

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In June of 2001, a local police officer whom had been pretty much harassing me for about 2 years, (following me when I left my home, running tag numbers of my guests when they were at my home, questioning my friends about my activities involving drugs) because I frequented a friends business who I have known since chidhood and was doing some voluntary work for was under investigation of operating a meth lab, ( I did not know this at the time). A subsequent search warrant at his business found no such operation, so this local officer, who was embarassed in the face of his fellow oficers and the High Intensity Drug Trafficking Area task force whom he had been trying to become a member of, turned his investigation toward me ( as above ) and aquired a search warrant for my home with the evidence of a baggie with meth residue, and a baggie missing the corners, from 1 of 5 bags of trash he collected from my curb. I suffer from Hepatitis C and cirrohsis of the liver and my wife, a teacher 28 years, suffers from Alzheimer disease. After I was handcuffed my wife whom was asleep was taken outside and placed in the hot sun and 30 minutes later one of officers decided she needed to be searched for weapons and done so in the front yard of our home. No female officer was present at any time of the entire warrant service. After our home was destroyed, and both drug and bomb search canines went through our home, this local officer finds 17 grams methamphetamine in a dish on top of my computer tower, which was on the floor under my desk,(dog nose level height) and a handgun on top within reach so I was charged with armed trafficking. I was never told I was under arrest or was I read my Miranda rights, even though I was asked several questions. My attorney did not address any of the wrongs by the authorities or the fact that this officer placed the drugs himself. When I brought up the issue, he said well, they did find drugs in your home. I am 46 years old and this is the first time I have been in any trouble. All consolidated, my attorney pleas me out to a 3 year prison term, the state drops the armed charge, forcing me to find a home for my wife which is not easily done because of her condition. She was placed in one home who would not let her stay without being under drug thearpy (zombie). Her physician also does not want a drug thearpy program and said she will not survive in a group situation. The prosecuting attorney said she was not interested in hearing about this problem. I am at my wits end and do not know where to turn. I know this is long and drawn out, but any advice would be greatly appreciated.
Thanks :confused:
 
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You should appeal on the basis that you were inadequately represented by counsel. Be aware of the fact that you need to show a clear reason and as to why your representation was inadequate and that with reasonable representation the result of your case would likely have turned out differently.

A question that should have been raised was the adequacy of the search warrant. Did your attorney raise any issues at all? The charges that you make echo constantly which is why you need to be clear when presenting your case.

Additionally, you may wish to contact the state bar association.

It seems unlikely that your attorney did not provide you with any defense, especially to the obvious issues which any competent attorney would address. If that is the case and there are no objections on the record... you should file an appeal and can do so on your own. You need to file an appeal on a timely basis and inform the court of your wish to do so.
 
Michael,
First, thank you for your reply. I greatly appreciated it. I did have a motion to supress hearing which was denied due to the baggies with residue and cut corners. My sentencing is set for this coming Friday morning. After signing the plea I appeared before the judge. After he had read it over, the prosecuter stated that the fine as shown on the agreement was incorrect. Instead of the $500 that was circled, she said the fine was $50000. Had I known this, I would not have signed it. I questioned my attorney about this error being a breech of the agreement and was told that it was a mandatory fine I could not do anything about. I did some research and found that i could withdraw my plea and proceed to jury trial. His advice changed after I presented him with my findings. I realize the armed charge will be reinstated and I may be found gulty of it by a jury, but at least the actions of the police will be presented to the jurors and most importantly I can arrange for my wifes care.
Thanks again
 
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