Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. Where are you in the proceedings?
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.
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."
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).
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.
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.
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
It is good that your plea offers are getting better, but don't automatically assume it means they have a weak case against you.
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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.