Cali:Felony drug pos. 11357 & 11377 illegal search Help!!

[donluciano]

California ( Santa Clara County / San Jose)

I ( Black Male Proffessional) was Riding as a passenger in my friends car. My friend was pulled over for " Hazzardous lane change".
The only paperwork she failed to show was current up to date insurance card which was newly expired.
I was told to exit the car, was searched, car was searched for no reason,,, i was searched again, and in my pennypocket they came up with 1 (knock-off viagra) and 2 capsules (MDMA / ecstacy) unmarked. which the cop didnt even know what they were. I originally told him "yohimbe"<-- herbal root extract ,,, but he didnt know what that was either , so he says im impouning the car, taking it down for test,,..and thinkin he'd just let me go i jus told him.
but i talked him into letting her (friend) go. in the end she was charged with nothing..

The police officer cuffed me, ask my friend what hotel room we were stayin at ,, since he'd had followed us from there, and obviously he knew we'd just come from the hotel. He puts us both in the squad car heads to the hotel, searches the room, while we were detained in the car ,,and throo my backpack. ( finds 1/16 an ounce of marajuana and 8 more pills in backpack) She is released,, But Im taken down to the station,, fingered,, urine collected, PROCESSED> Then read my rights,,arrested in the jail, for what they said at the time Possesion with intent to sale/distribute ..I was Told i would be released the next shift "OR" but then told i had to have telephone verification from someone.. (i didnt know any phone numbers bye heart that i wanted to know about this) so i call a bails bonds, and had them get me out..!! the next day.

Im charged and booked with 2 counts 11377 & 11357 both FELONY possesion charges. but im not sure if im only charged with the 2 pills on me.. or the (10 pils total )3,4- methylenedioxy methamphetamine (mdma) but sure about the weed. which was in my room

I hired an attorney, but in sitting in court listening ive discovered some unsettleing observations.
My lawyer wont give me a copy of the police report yet...??? Its been a week???
Ive paid my first installments... WTF?

1. I feel like ive been railroaded.. and the whole things was to get "me in the system" CIDAS so the officer said. Im hoping to get all charges dropped>> can anyone offer advice..??

2. It seems as the PD lawyers will take the easy way out of reduced charges from felony to misdemeanor "prop 36" instead of fighting the injustices of the police work. civil rights violations, and challenging the wrongs of the system. Im afraid ive paid for an attorney tooo early before knowledging myself fully, and they will get me for the inital retainer ($2500) and still sway me toward prop 36.. and if they fight it... it may likely cost me $10,000 in legal fee's jsu to get it dropped.

3. Prop 36 is what they may inform me to take (accoring to the judge with a raised eyebrow "i take guilty pleas on Wenday's you should look into this" he exclaimed during PRE-TRIAL motions)

4. its a first offence,,and i took a urine test upon my arrest that will prove/test (-) negative for ecstacy. but (+) positive for marajuana thou.
Clean record and outstanding merit, Homeowner etc..

5. I am a certified CAnibis card holder. which allows me to possess 28grams 1oz in the state of california as a DESIGNATED CAREGIVER for my parent who is the medical patient.

I want a dismisal at the cost of equal to or less than $5000, or am i paying top dollar for what a public defender could get me..
My JOB is at risk...and My spousal situation is at risk... so im paying this all can jus go away, without hiring the DREAM TEAM to aquitt me.

My trial is june 4th 2008

 

[CdwJava]

My lawyer wont give me a copy of the police report yet...??? Its been a week???
Ive paid my first installments... WTF?

He does not have to "give" you a copy of the report. In fact, there is possibly certain information (such as the location of witnesses) that the defense attorney can NOT always provide you.

You should ask him whether you can get a copy of the police report to aid in your defense.

1. I feel like ive been railroaded.. and the whole things was to get "me in the system" CIDAS so the officer said. Im hoping to get all charges dropped>> can anyone offer advice..??

Listen to your attorney.

You weren't "railroaded" ... no one MADE you hold all that dope.

2. It seems as the PD lawyers will take the easy way out of reduced charges from felony to misdemeanor "prop 36" instead of fighting the injustices of the police work.

Nine out of ten suppression motions fail - the attorney knows that. It is very likely that there was no glaring excess in the officer's actions that give good grounds for suppression. So, rather than taking a hail Mary and cementing the state's case, he can roll the possibility of a questionable search in with your possession and ask for the crimes to be dropped to possession and ask for Prop 36 as opposed to risking prison time.

4. its a first offence,,and i took a urine test upon my arrest that will prove/test (-) negative for ecstacy. but (+) positive for marajuana thou.
Clean record and outstanding merit, Homeowner etc..

You were charged for possession ,not for being under the influence. In fact, that may deflect any argument that the drugs were for personal use as you apparently were holding, but not using.

5. I am a certified CAnibis card holder. which allows me to possess 28grams 1oz in the state of california as a DESIGNATED CAREGIVER for my parent who is the medical patient.

That has nothing to do with the other drugs.

And is the card issued by the county? Or is it simply printed from a doctor with a PO Box and a voice mail machine like most of them?

I don't see an obvious unlawful search by the officers. There may be some question as to why they went into your pockets, but under the right circumstances that can be justified. If the officer felt something, asked what it was, and you replied you did not know, he likely would ask if he could get it ... did you say "yes" at any time when asked if they could search in your pockets?

There are other potential issues, but they may have been addressed in the police report. Since we haven't seen those justifications, we just don't know.

Good attorneys are not into making busy work just to rack up billable hours. If they know that something is no going to work, they won't waste their time and your money. But, he has to do what you want. You can refuse the plea, and ask for a defense based upon illegal search. If you don't have the money to pay this attorney for that work, you might have to seek a public defender ... but, the court may not be willing to grant you extended time so a P.D. may have to hit the ground running, and that could be bad.

- Carl