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15thkid
15thkid, Criminal Defense
Category: Criminal Law
Satisfied Customers: 82
Experience:  Licensed Florida Attorney since 1988. Former law professor.
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Motion to Suppress Statements and Suggestions in Support is

Customer Question

Motion to Suppress Statements and Suggestions in Support is what is in one off my docket entries on a case I"ve been fighting scence Oct. 2010 I have a court appointed layer because I:M disable we where at a gambling boat an the people that work there said it was mine because it was found near where I wass setting I got realy worked up an felt sick an the only way the Offerser would not let me take meds to help me I suffer a stroke last time I felt that way so I said what I felt they wonted me to say an only then was I allowed to take my meds but also doing this I ommited to something that got me charges My court appointed layer has told me I dont have a chance even thow offer keep getting lighter at first 120 day shoke an 7 years now its 5 years sis thing is I did not do this they have never show all the stuf they said I have on me but I did say at one time its was mine an only did that so I could have med the doctor gave me I was afraid of haveing anouther stroke an I would of told them the sky was falling not to go throught that again
Submitted: 2 years ago.
Category: Criminal Law
Expert:  15thkid replied 2 years ago.

15thkid :

Good morning. Where are you in the proceedings?


 

15thkid :

Ok, the reason I asked where you were in the proceedings is because you said you have been fighting this since October 2010. Still, I am going to assume that you have NOT entered any kind of plea and that the charges are still pending. I also assume you are charged with possession of some sort of illegal drugs. Let me start by saying that the success of any legal case depends on both the client and the lawyer. So I hope you are keeping in contact with your attorney, giving them all the information they need and cooperating fully. I was a court-appointed attorney myself for many years, and there are many that are better than private attorneys. There is an unfair assumption that if you have a court-appointed attorney, you will not receive good representation. That just isn't true. Even after serving on three law school faculties, the smartest and best attorneys I know either are or were public defenders.


 

15thkid :

So I want to encourage you to present these questions to your attorney as well. They provide you with legal analysis and representation; you have an attorney/client relationship. I am just providing some information. There seems to be 2 issues. One is suppressing statements you made because you were coerced (essentially) by withholding your meds. The other is "joint possession."


 

15thkid :

Let's start with joint possession. I only raise this because you said you were charged because it was found near where I was sitting. If there was anyone else sitting nearby, it raises the question of whether you were in exclusive possession or possibly joint possession. Let me state it in more general terms. Your case is harder for the State to prove than if the drugs were in your pocket. That would be actual possession. Here we are talking about them proving constructive possession or joint possession. They can and do prove those cases every day; it is just a little more difficult. Why? Because they have to show knowledge on your part about the drug and that you exercised control over the drugs (in possession = in control of).


 

15thkid :

The bad news that negates their difficulty in proving possession here is that you apparently admitted possession through statement you made to police. First, let us be realistic, motions to suppress are hard to win. Judges, and certainly those that elect them, do not like throwing cases out on what they call "technicalities." Our Constitutional rights are hardly a technicality! Your lawyer will no doubt evaluate your chances based not just, or even mostly, on what you say happened. You may be thinking, "what? Why isn't my own lawyer relying mostly on what I tell them? Don't they believe me?" That is not it at all. In fairness to you, your lawyer has to size up what the decider is going to believe. The decider on the motion to suppress is the judge. Is the judge more likely to believe what you say happened during your questioning (for example, that you were denied medication), or what the police officers say happened? This is not giving up. This is not saying you have no chance. This is just the cold hard reality learned from doing many motions to suppress.


 

15thkid :

Hopefully, you are not dealing with a prosecutor or judge who essentially punishes you for filing a motion to suppress. Sometimes the defense is told, this is the plea offer but if you do a motion to suppress that offer is off the table. You should never have to choose between asserting a Constitutional right in a motion to suppress and a "good deal." But as a practical matter, it happens all the time.


 

15thkid :

Here are a few questions I have: do the police reports even mention your medication or your asking for meds? If so, what do they say? do the meds you are talking about have anything to do with your disability? although they are not allowed to be used, polygraphs can be persuasive. would you be willing to take one on the issue of you not knowing anything about these drugs? your lawyer may tell you that it won't work for your case, but in certain circumstances I have known prosecutors to change their mind if the accused passes a police poly. The way I do it is I have accused take poly we do first (at our expense and no one knows about it, so no risk). Then, if pass, offer to prosecutor to take police poly. it is just a longshot idea


 

15thkid :

It is good that your plea offers are getting better, but don't automatically assume it means they have a weak case against you.


 

15thkid :

Do you have any questions about my answer above? My goal is to provide excellent service, so please let me know what I can do to reach that goal. Once I reach that goal, I would greatly appreciate it if you would rate my answer accordingly so that I may be paid for my work on your question. Thank you.

Customer:

I was at a gambling boat an there are cameras all over they can not show me or will not show me haveing what it was in was a smoke case an when I ask to be able to see all the video they say they have something is always wrong whit the video so it can't be seen or herd at the same time, not even when they tryed to show it in court, I will agree whit one thing when I got in trouble 13 years ago I had a court apointed layer then an she was great I was gilty on some of what I was charge with an was looking at 22years she won my case it went to a jury trile an I got 3 years. I should have not been there an desearve my sentance, I have no problum with a polygraph test at all , They gave me my meds when an only when I told the cop that I was not on anything or drugs at all for the pass two days,an The No. of days that I said I had not done any drugs was what came of the top of my head , I have a very painfull typ of MD an when pain levels go up so dose my blood prusher an after haveing a stroke that damage the left side of my brain you no what it feels like when one might be comming on , I felt like it was going to happen again an I was scard for my life I;m takeing liptor now along with about 7 or 8 other scrips for my condition now. One thing I;m not saying my layer is a bad one by no means at all. He just don;t like me at one point through this he fired me an did it in ftout of my family;; when this frist started I had anouther layer she also was good but left for anouther job. not shur about that, but is no longer working there so they appointed this layer to me an one of the frist things he let me no is if it had been him from the start I would of been conviccted with in the first six mounts. Its always been them delaying court not me at one point He told me I could have had it throw out because the state withness did not show up but if I did have it dismissed they would get a grand jury inditement an re arrest me all over an I was afride because I would not of been able to bond out, I no this is going to sound crazy but the first bond was only $75.00 dollars an your welcome to check that out its hard to beleave even for me. all I wont to do is try an make shur I;m not messing up Its realy hard for me on what I should do an I;m confused thank you. I;m thinking about just pleying gulty my layer keeps telling me to, Just not shur whats write on this case an what would be best.

15thkid, Criminal Defense
Category: Criminal Law
Satisfied Customers: 82
Experience: Licensed Florida Attorney since 1988. Former law professor.
15thkid and other Criminal Law Specialists are ready to help you
Expert:  15thkid replied 2 years ago.
It would be really important to see those videos. I would very gently and nicely ask your lawyer to see those. They should show something about these drugs. I can't help you decide whether to enter a plea or go to trial because I have not seen the evidence against you. But in making this decision, I would encourage you to look at what evidence the State has and how a juror - not you - will look at it. Unfortunately, not guilty people can be found guilty, if the evidence convinces the jury beyond a reasonable doubt. However, in terms of the pretrial motion to suppress, I would ask what the harm is in trying it. Unless the plea offer will disappear, why not try the Motion? If you lose, you then have the decision of whether to plea or go to trial. I am sorry you are in this mess and wish you the best of luck.

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