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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24964
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a court case felony assault set this month. The case

Customer Question

I have a court case felony assault set for later this month. The case seems to be headed for dismissal because the victim was a drunk roommate that is now left the state.
over the weekend there was a news story about a 2 month investigation that concluded with drug arrests. They listed others as not being arrested but that had sold to an undercover cop. They listed me as one of those individuals. This sting operation went down in a city I've never even been too (?)
However this maybe something I know about and it could be that they may have something on me.
meanwhile I'm out of work on comp and are being scheduled for surgery at some point in the next 2 months and are totally disabled at this point. I'm dependant on several medecines .
The county I'm in does not allow for 2 bonds so if I go in to jail I won't be getting out.
the previous case is a felony and the nrw charge is posession and sales x2 (?- meaning I think that they are saying I sold to an undercover twice. The sheriff's site lists the drug as morphine.
Also the county jail doesn't continue medications and I'll be very sick. Can I try and talk with the police and try and negotiate anything maybe if I give them information or...
Do you understand my predicament?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello
My name is ***** ***** I am an experienced criminal lawyer.
No, you should absolutely NOT go to the police. When you are the suspect in a crime, the last place on earth you should ever go to talk about the matter is the police or the prosecutor's office.
First of all, the police have no authority to cut a deal. Only the prosecutor can do that. The police are allowed to use deceit and to lie to get to the bottom of crime. Any promises they make do not have to be honored by the prosecutor.
Secondly, anything you say to anyone other than your lawyer can be used against you in court if the case gets filed against you. Even things you think would be helpful to you can be twisted to support facts the state already has against you.
Finally, you haven't been arrested or charged with another crime as yet. And you don't know if you will be. Stirring up a pot that isn't even boiling based on something you read in the news is a bad idea for that reason to. For all you know, since the sting was in a place where you have never been, the news was referencing someone else with the same name, or someone else who used your name.
I understand why you are concerned about this. But you'd be compounding your problem by talking to the police or prosecutor. I trust that you have a lawyer on your felony assault case. If not, you need to get one. Show him or her the article.
If your lawyer thinks that you can help yourself by talking to the police he or she will do that for you or with you. What you say to anyone else but your lawyer can be used as an admission against you in court. What your lawyer says on your behalf cannot be.
Customer: replied 1 year ago.
Hi- thank you: what I read was that warrants had been filed for " the following individuals " and the charges. I was listed with a photo of myself.
This may be linked to my previous roommate in that he has a vendetta against me and is a dealer.
however they are stating that I sold to an undercover ( this is confidential correct? )
could any agency take this email and use it against me?
Yes I do have a public defender and a bail bond already and I do assume that the bail bond will be revoked and expect a call from then as well. I did mention that this county will not hold 2 ball bonds and I also assume that when I let my public defender know about this he will tell me to go surrender myself.this will put me behind bars for the foreseeable future and with my workmans comp case I am fearing that it may be compromised? Or would that be a totally separate issue? Could I still get treated and this operation wile being shuffled around jail and if not I imagine the worker's comp co will know what's going on... I am feeling very much screwed right now.
do you think I should try and get a different lawyer for this?
I have 2 children I am the caretaker for as well while residing in the same home.
Zoey I fear that I'll have to go in and surrender myself. If that doesn't happen I'd call it a small miracle.
obviously fleeing the state would not fix anything unless I stayed under the radar for several years and then came back with a team of lawyers and said " I haven't gotten in trouble for years abd I want to clear this up"... Even then I would expect jail time. I'm not asking you if I should do that because I think the answer would be obvious, but his do I try and work sitting better for myself before they get me?
what do you think
Expert:  Zoey_ JD replied 1 year ago.
Thanks for the details.
No this site is not confidential, however, there are no specific identifying details that would link this question to you. Searching for it on the web under your name would not cause it to turn up. When we are through with our exchange and you have rated my service, if you wish, I can ask customer service to lock the matter for privacy, which will keep this off of the web. Until then, it has to be open while we are communicating as this is the only way we can see each other's responses.
It is always better for a defendant to turn himself in voluntarily on a warrant than to be picked up and brought in involuntarily by the police. That said, you are under no obligation to turn yourself in, even if that's what your lawyer recommends.
In view of all your concerns you do need to talk to your public defender, sooner rather than later. If you have information about these drug matters that is useful as you indicated in your initial post, your lawyer may be able to make some kind of deal with the prosecutor in trade for your continued liberty. But even if you're not interested in something like that, and even if you agree you have to surrender yourself your lawyer can work out the timing of that so that you can make what arrangements you have to and can also apprise the police of the medical care you'll require while in jail. You do have a right to adequate medical care while incarcerated.
I am not a civil lawyer but it seems to me your worker's comp case is totally unrelated to your criminal matters.
Finally, public defenders, like lawyers in private law firms, come in all shapes, sizes and kinds. Some are excellent lawyers, some are terrible and most are at least competent. If you're not presently unhappy with your attorney, you might want to hang onto your money to be used for bail.