sch2 drug intent to distribute/ posession. Question: Released 72hrs later without seeing judge, charged 8 months after arrest ?
Posted 26 December 2012 - 03:27 AM
However a couple months later i had a previously close friend, and another acquaintance overdose on a bad batch of heroin and died at another old friend's house overnight. I and my mom had been in contact with the department trying to find out when i could get some of my things back already, and eventually i wasn't dealing with the same person, the guy who retired after saying "here's the gift. youre free". and i said i would give any information about people i knew had been in trouble with the law more than enough times, and to get some of these contemptible dealers who had been responsible for delivering perhaps a "hot dose" to one of my good friends. Now, this conversation eventually turned to, well i[m the new person you are talking to and i dont care what the now retired (he had a long tenure) cop said to you, right now IM telling you that you have to make two controlled buys or the DA is going to charge you very soon. I was frankly pretty upset, this was 3-4 months without hearing much of anything, and it seemed very unethical to me to use my father, of all things, to bind my trust to an old friend, and then be used under threat of being charged to do controlled buys from people who, in a small town, were already quite sure i was working with police. anyway, this post is so long, im sorry.. one time in the small period of time given, i scheduled a drive for this older gentleman a day beforehand, and called and called this officer 4-5 times and left two voicemails. i never heard back, so i didn't go, obviously. then 2 weeks later im called by his superior, saying i havent cooperated, and i would be charged. i explained the situation, and of course, im a junkie, and man they except for one possibly, never cared. i was told i would be receiving papers the next week in the mail or delivered by an officer, and so waited while trying to establish feelers for legal counsel who all said it was likely ridiculous and there was a lot of "**** flexing" going on in the department, but still, this haunted me everyday until finally 90 or so days later i received charges for intent to deliver. My arraignment was about a year after my initial arrest. If anyone has taken the time to read this, is there any motions or grounds to dispute these charges based on the fact i never saw a judge after my arrest? i know cops can lie, but he did it speaking in reverence of my father, and they were old friends, and i'd be disgusted if when i go to trial nothing is mentioned about any of these issues of mishandling the case. I really haven't had time to properly grieve and i'm quite sure i'm beginning to develop an ulcer, and i have terrible anxiety. my lawyer and i are supposed to talk after the first of the year, but so far he hasn't filed any motions and his only interest in hearing these things is out of wonder as he says he's never heard of such a case. I dont know for sure yet, but i think he's weak or not looking very hard to get my most current (trial is in february) plea down from 9 months + 3 years probation to a "lesser jail sentence that i probably can't get out of plus probation if we can get this girlfriend on the stand to say she was badgered into making those statements" that were read at my second appearance to get my intent to deliver down to posession..
without getting into more case details, without questioning the warrant or anything else, although i'd be thrilled to exchange emails or PM?s regarding this, is there any substantial grounds for disputing these all together after such promises were made, under the circumstances they were made?
I'm sorry for my long post. It was really long, i know, and few will probably read it. Please don't tell me i'm an idiot for ever trusting cops or anything, i know this, but this was a very unstable time and outside of jail my mom had already been in contact with this previously mentioned friend and officer of my family's and i feel some small part of the reason he retired was from this incident, although im not certain.
Any questions, points, suggestions, or thoughts are extremely welcome. This has been a nightmare, and if nothing else i feel i should have been sent to a judge prior to my release from jail so i could have had an arraignment and have moved on by now. This is really tearing up my already devastated family, and it's taken a real effort to stay positive on a daily basis knowing i havent really been free for 15 1/2 months. I read somewhere on here although maybe it was just for arrests made without a warrant that you could not be detained for longer than 72 hours without seeing a judge which wasn't violated, but i read just past that that after being held and not charged or seeing a judge, you couldn't be charged at a later date? i guess in this case where they took evidence like computer harddrives/ipods/ipad etc they could have a legitimate reason, but why did i not see a judge right away? it seems so unethical.
Posted 26 December 2012 - 05:05 AM
When you are arrested, they are required to bring you before a judge at the earliest possible time or release you without charges. You were released so they were under no obligation to bring you before a judge.
The can charge you at any time before the statute of limitations runs. On a Felony that could be several years. So nothing wrong with them charging you a few months later.
Confessing that the illegal drugs were yours so your girlfriend, who had already thrown you under the bus, could go to a wedding, was foolish at best, and the nail in your coffin at worst.
And finally, maybe you learned something from this experience so far. The police are allowed to lie to you.
Posted 26 December 2012 - 10:16 AM
Posted 28 December 2012 - 01:28 PM
After this family friend officer released me and took it upon himself to converse with my mother during incarceration, he eventually retired (don't know why, and haven't asked bc my mother ran into him at a local store and he said he couldn't/shouldn't because he'd likely be subpoenaed.
Also, mentioned girl initially pulled over who "threw me under bus" is willing to act as witness to testify that what she is on record for, and which the very emotional audio supports, that she was threatened and her statement was split into two parts, wherein the first she denies knowledge of anything and then the recording pauses and she is threatened with a host of things including to have her parents/sisters house raided, and that what she's on record for there on was suggested to her under threat. I know she really screwed up there, but it was an emotional time period, and she does care for myself as much as she cared for her family.
The public defender believes this to be a useful tactic, to bring her to the stand, and I think I might ask him if he would telephone this retired officer to see if he might not help me should he be subpoenaed. I know now I should have somehow gathered the money for a lawyer, but if the promise made by this original officer was genuine and originally agreed upon by colleagues, etc, and he says so on the stand and it wasn't in his foresight that I would be made to be used, combined with testimony from said girl, is there a possibility then that some of these details may become relevant enough to make a case? I would also like to mention that these officers who eventually used me shared this detail with a coworker in adjacent government building, and this coworker told one of my friends father, who told his son, my friend, that he was 100% certain I was working with LE and he knew things about the case he wouldn't have known otherwise, is that worth exploring?
I feel that when I mentioned this to the officers who eventually contacted me, they became very angry that I would suggest this and this contributed to wanting to charge me. At one point when I was so frustrated with trying to assist with something I felt had to be done by someone (in helping stem the flow of heroin) to prevent more people and good friends dying, I expressed this frustration and said well, I don't know who, but your department isn't entirely clean and I feel unsafe with continuing, as everyone seems to believe I'm actively working with LE, and I've seen people drive by our house on a private road in the middle of the night, and one time I was even robbed of a laptop and some electronics that had been in the garage. I've been threatened by a couple hardcore guys, and I've had to keep indoors as a result of all of this... If someone were to testify that they had indeed heard details from someone in the govt. building, could this not be a point to be considered or addressed separately even?
Some of these guys are just so petty and abusive, when I said I was done communicating because I'd been told to approach someone and then when i finally successfully did despite mentioned leak, Iwas left on the hook with an appointment to drive someone to pick up heroin from the city and no reply to multiple phone calls and voicemail. And so I said how angry and frustrated I was about this and that I was done. I was then told "I'd be charged and summoned the following Monday and also had 30 minutes to bring the prepaid phone they issued to me to the police station, or they would charge me with theft too."
I'm just very outraged at how these officers have conducted themselves. I tried approaching a lawyer before the charges actually arrived months earlier, and was told by a couple that I was just being screwed with, and not to worry about it. This was the only respite in this year and a half of anxiety and depression resulting from the many threats and being screwed with by an otherwise almost entirely impotent department.
I've heard the judge is fair. This matter is scheduled for trial in less than two months, and I was perhaps wondering ultimately if the intent charge is dropped, that if found guilty for posession, what the likelihood (gut instinct based solely on my post) of say, a deferred prosecution with probation and no jail-time would be? My big concern is my outpatient treatment that I've been on. Wisconsin doesn't allow for prescribed sch 1234 drugs to be delivered in jail, and I cannot take the physical and mental toll a jail sentence would bring in withdrawal. The treatment plan I'm on was a methadone outpatient with counseling designed foremost to prevent relapse, and realistically I cannot hope to taper down more than 5 mg every week or two, which would take a year or so to be off of, and cold turkey withdrawal from methadone is frankly, worse than anything else, and can take months. This is my highest concern.
Thanks to those of you who took the time to read my post(s) and gave any thought input
Posted 30 December 2012 - 10:29 PM
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