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sch2 drug intent to distribute/ posession. Question: Released 72hrs later without seeing judge, charged 8 months after arrest ?


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#1 jakeysmith

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Posted 26 December 2012 - 03:27 AM

Hi i was arrested last october in wisconsin resulting from a search warrant obtained after a girlfriend whom i did not know had a previous warrant used my car to pick up maybe a gram of oxycodone hcl from a UPS delivery. Earlier a ups employee contacted the local sheriff's department and they decided to run surveillance and deliver package as scheduled. I believe She was pulled over after picking this parcel up and then told in her words "she would be arrested if she drove away and did not talk to them. I did not know it at the time but she was on probation and had a warrant out for her arrest in the county of my residence, and also a sister's wedding the next day (this was a friday) and i'm quite sure she spilled anything they suggested about me and cooperated with any questions asked (the transcription is fairly dubious when you listen to it together with the audio, where in the first half she said no, no , no, she didn't know anything about that, and then the second half (which was separated by a pause in the recording where they got information they needed for a warrant for me, and she admitted this was in fact mine.. she was under duress and hysterical, but nevertheless a search warrant for my home was produced to my mother and two or three cops arrested me and searched my bedroom, producing maybe 300 mg of oxycodone and of course since these were shipped drugs, my every electronic device.in the parcel itself, i think it was stated there was around a gram of oxycontin hcl as well. i was arrested and brought in for questioning. Now if you could be patient, i'm not sure it bears any relevance but i'm just trying to get details that bother me out to hopefully get some insight, but this was a couple months after my father had decided to take his life, and while i had been the last couple years an addict, i had been clean and getting documented treatment for 7 months. well, after this unexpected tragedy, combined with our ruined financial state, losing our house, assets, and my mom having to declare bankruptcy, i fell back in to using for a couple months. Now coincidentally, this same sheriff's department that took the call from this incident arrested me with the search warr on his birthday, a time i was especially depressed and could not be reached by anything. Unfortunately, i had borrowed most of my life savings to my father the last couple months of his life, and there wasn't really anyone i could bring myself to ask for a lawyer during a fri-mon solitary cell. Now here if you are still reading, is where i feel this sheriff's department has violated my rights on some level. i could be very wrong but that's why im here, trying to find answers as my public defendant hasn't seemed to say anything but i would face mandatory jail-time and probably 3 years probation the last we spoke. Anyway, during my stay in jail, the first day i was questioned, i admitted that the package was not my girlfriend's but rather mostly mine, although i expected it would contain alprazolam only, rather than what would have been a surprise. I could hear her crying in the room behind me and i could not take responsibility even if she was a party to a crime for her missing her sister's wedding. So, monday morning, after i had been told i would be seeing a judge for an arraignment (i think?) and post bond (first conviction, mid 20s) one of the officers, who happened to be the father of my childhood best friend for at least ten years and close afterward (who himself is now retired) called me back to my cell while i was preparing to meet with a public defender to say i was being released and did not have to see a judge. to paraphrase as closely as possible, he said "i know you're bright, i know you need help and it was very hard hearing about this so i came to the arrest and was off-duty at the time, and because we have arrested a number of people this weekend, and you cooperated to some degree (saving dana) consider it a gift from ******* county who you've been a lifelong resident of, and where your dad's loss has been felt, that you will not be charged, and i've already called your mom (they were in contact all weekend while i was in jail) and said you aren't to appear before a judge. He was not the only one in the room, his superior (and later person in charge of my case was beside him saying few words but agreeing, all the same) "and so long as i kept my nose clean" i wouldn't need worry about charges ever being filed. I wasn't asked or anything to see a judge, as i was unfamilar with the process, and like i said, money was very tight at the time and it was a very difficult weekend, with jail and withdrawal (wisconsin doesnt allow any sch anything drugs regardless of prescription so i couldnt take my methadone i had just been prescribed at a clinic that week) being easier than having to deal with my fathers birthday in jail. This story goes on, but to be as brief as possible, eventually heroin epidemic overtook our small rivertown where before it was unheard of, and it was being trafficked by a gang of hispanics and distributed by a handful of people my age and a man in his 50s they had previously raided and failed to apprehend before he swallowed his heroin. after being elated to hear this from the officers, i completely turned my life around, have been completely clean in every regard, and have stayed isolated with my family and good friends who similarly do not use. I felt really good about this, and was even proud of the department for so kindly giving their unexpected "gift" and genuinely wanted to keep my word that they had not just erred in their decision.
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.


#2 doucar

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Posted 26 December 2012 - 05:05 AM

I admit I didn't read it all. One large block of text without pragraph breaks is difficult to read. But I think I read enough to start answering your questions.
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.

#3 FindLaw_Amir

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Posted 26 December 2012 - 10:16 AM

You may wish to visit the Criminal Law Center and read Criminal Rights as a good resource to learn more about your rights.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 jakeysmith

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Posted 28 December 2012 - 01:28 PM

Well see this is a small town where a suicide in such a manner by mentioned father was a big deal and I'd say mostly everyone had known him and my family. I'd go so far as to say he was a prominent figure in the community. It seemed genuine enough that they let me go without charges, I feel somehow that this has more to do with politics in a heavily scrutinized sheriffs dept/ police dept in a town where pain killers/heroin has spread almost like an epidemic all the way into highschool and has caused a handful of deaths, yet prior to recently they hadn't managed to dent the trafficking or sale at all. This from a town with a very low crime rate and yet a big budget for allocating resources to the sheriffs dept.
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

#5 doucar

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Posted 30 December 2012 - 10:29 PM

The decision on what charges to bring and what to drop is a decision the prosecutor makes not the police. You should also realize that the police are allowed to lie to subjects during tjhe course of their investigation, so bringing up what the officers told you won't get you very far. You attorney is the best source to know the judge and what options that judge would consider.


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