I'm Fuked, Need Help Bad, Cops Busted Me

[bermich]

my lawyer is talking about me talking to the prosicuter before we go to trail explain why i was taking it what it was and that i hasn't caused any harm he is talking ablong the lines of getting a SIS which is below a felony charge but not great. Somthing along the lines of me being drug tested once a month for the next two yaers were i can't take any supplements or anything, and probation for 2-5 years not sure though. IF you guys want me off the board i understand and any mod feel free to kick me, i just figured i am already ****ed and i might as well get help were i can find it. and help in return by informing everyojne what happens with a case like this

Bringing this up a THIRD TIME. You already ADMITTED the steroids were yours didnt you?????
If that is the case, you really have no leverage. Maybe if you are from a small town, the DA might be laid back (they never are) and give you a break.

Dont worry about your account on here. They arent gonna take the time or care to read what you post on a message board.

[Cycleon]

This is a lot of crap - worst they can do to you is 0-6 months - most likely looking at probation and some class of misdemeanor if you plea - make them prove it and yes, dont let a pub defender sell you cheap because he wants to plea your case ASAP

[Money Boss Hustla]

he typed county not country lol

My bad. With all his other spelling mistakes I assumed he meant country. Haha.

[ChiTownTommy]

Bringing this up a THIRD TIME. You already ADMITTED the steroids were yours didnt you?????
If that is the case, you really have no leverage. Maybe if you are from a small town, the DA might be laid back (they never are) and give you a break.

Dont worry about your account on here. They arent gonna take the time or care to read what you post on a message board.

I exmededt to them that they were mine prior to them reading me my miranda rights, i mean they didn't read me those until 8:30 the next morning, after that i didn't say **** i kept my mouth shut. Money boss my bad i am horable at spelling

[mushroomstampr]

I don't know who your lawyer is but I have a friend who got busted with dbols and like a half ounce of weed (in NY) while he was stoned and only got probation with drug tests. The only thing you had that he didnt was the drug paraphanalia and I don't think that makes too much of a difference. I'd have to agree with whoever said the worst part is going to be this hitting your pockets, lawyers are expensive (the reason im studying to be one). Finally, if for whatever reason they do try and hit u with the book or your lawyer sucks or watever get those felony charges off you. Felony convictions will lose you your student loans and all that good **** which will really **** up your money situation. Good luck

[BigMike J]

I don't know who your lawyer is but I have a friend who got busted with dbols and like a half ounce of weed (in NY) while he was stoned and only got probation with drug tests. The only thing you had that he didnt was the drug paraphanalia and I don't think that makes too much of a difference. I'd have to agree with whoever said the worst part is going to be this hitting your pockets, lawyers are expensive (the reason im studying to be one). Finally, if for whatever reason they do try and hit u with the book or your lawyer sucks or watever get those felony charges off you. Felony convictions will lose you your student loans and all that good **** which will really **** up your money situation. Good luck

Felonies will not lose you your student loans. That is simply not true.

[EastCoaster]

I'll throw in my 2 cents... I'm currently in law school, specializing in criminal law.

I didnt read through all the posts, so excuse me if I ask questions that have already been answered.

What kind of lawyer do you have? Under no circumstance should you let the public defender represent you. Here is my advice... call lawyers from the capital city of the state you live in. Lawyers are well worth the money... it could be the difference between court time... and sentence reduction. Its very possibly and likely that you can have one of the charges dropped... with a good lawyer.

Here is what you must understand about college living conditions. You're wrong with you say that "they can search your room if they have reason to believe they need to". Colleges dont have their own special laws.

Under the 4rd Amend. you're protected from anybody searching your room without a search warrent. You said that they told you they had a search warrent.. did they? This is very important... if they didnt have a search warrent this case will be dropped. I can promise you that. It doesnt matter what they have reason to believe... you're paying for that room and you have an expectation of privacy. Anything that you expect privacy, needs a warrent (briefcases, office desk at work, rooms, glove boxes in cars, safes...)

Do whatever you gotta do.... get money from the parents, take out a loan..... get a good lawyer. Dont get one from the county you live in... I repeat, dont get one from the county you live in.

If you have any questions... feel free to PM me bro.

[ChiTownTommy]

I don't know who your lawyer is but I have a friend who got busted with dbols and like a half ounce of weed (in NY) while he was stoned and only got probation with drug tests. The only thing you had that he didnt was the drug paraphanalia and I don't think that makes too much of a difference. I'd have to agree with whoever said the worst part is going to be this hitting your pockets, lawyers are expensive (the reason im studying to be one). Finally, if for whatever reason they do try and hit u with the book or your lawyer sucks or watever get those felony charges off you. Felony convictions will lose you your student loans and all that good **** which will really **** up your money situation. Good luck

your friend got caught with dbol , i got caught with Test, syringes, winny, nolva, clomid.

[ChiTownTommy]

I'll throw in my 2 cents... I'm currently in law school, specializing in criminal law.

I didnt read through all the posts, so excuse me if I ask questions that have already been answered.

What kind of lawyer do you have? Under no circumstance should you let the public defender represent you. Here is my advice... call lawyers from the capital city of the state you live in. Lawyers are well worth the money... it could be the difference between court time... and sentence reduction. Its very possibly and likely that you can have one of the charges dropped... with a good lawyer.

Here is what you must understand about college living conditions. You're wrong with you say that "they can search your room if they have reason to believe they need to". Colleges dont have their own special laws.

Under the 4rd Amend. you're protected from anybody searching your room without a search warrent. You said that they told you they had a search warrent.. did they? This is very important... if they didnt have a search warrent this case will be dropped. I can promise you that. It doesnt matter what they have reason to believe... you're paying for that room and you have an expectation of privacy. Anything that you expect privacy, needs a warrent (briefcases, office desk at work, rooms, glove boxes in cars, safes...)

Do whatever you gotta do.... get money from the parents, take out a loan..... get a good lawyer. Dont get one from the county you live in... I repeat, dont get one from the county you live in.

If you have any questions... feel free to PM me bro.

well they never said they had a warrent but it is in the clouse of the school in the fine print that if there is unreasanable doubt that your are doing anything illegall the university has the right to search you room, they found most the stuff in my desk being majuana and some nolva they found the rest in a coat pocket in my closet. i already got myself a lwyer he is from this county, didn't know better sorry. i am hopefully going to find out a little more in the mmorning once i call him up, i was suppost to appear in court tommrow but he says the judge is a dick and he is going to delay it o he get all the paper work and **** like that. He also said somthing about going and talking to the prosicuter, who is a friend of his and telling her why i am on roids and stuff like that to see if she will lower the charge prior to going to court. does that sound right to you? somthing like that anyway

[EastCoaster]

well they never said they had a warrent but it is in the clouse of the school in the fine print that if there is unreasanable doubt that your are doing anything illegall the university has the right to search you room,

Bro... Your college cant voilate your fourth amendment rights. If you're paying room & board and you have a lock on the door... then that room is yours. I dont care what they have in fine print... it wont stand in court. You cant violate the civil liberties given by the constitution. They MUST have a warrent... but you let them in on your own will, which was a mistake. I strongly urge you to get another lawyer, this guy is going to wrap this case up as quickly as he possibly can... after court, you can find your lawyer having lunch with the judge and prosecutor while you're in jail.

When it comes to lawyers, you get what you pay for.

[ChiTownTommy]

Bro... Your college cant voilate your fourth amendment rights. If you're paying room & board and you have a lock on the door... then that room is yours. I dont care what they have in fine print... it wont stand in court. You cant violate the civil liberties given by the constitution. They MUST have a warrent... but you let them in on your own will, which was a mistake. I strongly urge you to get another lawyer, this guy is going to wrap this case up as quickly as he possibly can... after court, you can find your lawyer having lunch with the judge and prosecutor while you're in jail.

When it comes to lawyers, you get what you pay for.

yea i hope i get what i pay for cause this guy ain't cheap. But i let this guys in assumeing that they were going to look around generally for a id machine because that is what they came to my room for i did not know they could go through my desk and closet. can they?

[EastCoaster]

But i let this guys in assumeing that they were going to look around generally for a id machine because that is what they came to my room for i did not know they could go through my desk and closet. can they?

If it doesnt have a lock, then its free to search.

As you probably now know... you should never have let them come into your room. To give you an example why they couldnt come in to your room like your college said in fine print.... When they knocked on the door... they asked you to step outside... why? Because they cant walk in, and they knew that. If they were able to walk in, then they would have.... but they didnt... once they had you outside and drilled you with questions, they ASKED you if they could search your room.... and inknowingly, you said yes.

[ChiTownTommy]

If it doesnt have a lock, then its free to search.

As you probably now know... you should never have let them come into your room. To give you an example why they couldnt come in to your room like your college said in fine print.... When they knocked on the door... they asked you to step outside... why? Because they cant walk in, and they knew that. If they were able to walk in, then they would have.... but they didnt... once they had you outside and drilled you with questions, they ASKED you if they could search your room.... and inknowingly, you said yes.

so what if they came in before i let them, when i answered the door i was in my underwear cause it was 2:30AM and i asked if i could put my clothes on and the cop stuck his foot in the door and walk in holding the door open. can he do that or is it just me looking for any excuse to get out of this trouble

[EastCoaster]

so what if they came in before i let them, when i answered the door i was in my underwear cause it was 2:30AM and i asked if i could put my clothes on and the cop stuck his foot in the door and walk in holding the door open. can he do that or is it just me looking for any excuse to get out of this trouble

Technically.... no, he cant.

[EastCoaster]

Being that in that instance nothing was found, I dont think it would hold much importance. Unless you tried to claim that he was intimidating you, or possibly violating your privacy. Thats a stretch though.

[max2extreme]

Just bumping for ya. Any dates on when you go to trial or before a judge? Hope it works out for ya.

Peace man.

max

[Elysium]

ok to make a long tory kind of short i was in my 7th week of test e, thursday night 2:00am i get a firm knowck on the door. get up to answer it and it is the cops nothing come to mind at first the ask me to step outside and start asking me questions about fake ids, and if i have made them and all that they then tel me the have a search warrent to search through my room, so i give them persmissions anyways knowing that in the terms of the contract with the school any reasonalbe doubt they can search my room. i am left in the hall with another cop well two more come up the elevator after talking to my roomates and searching the room the come out and cuff me. I am taken to the police station figeprinted and everything, they found my gear and some pot along with a piece that i just got to go to a concert this weekend since i don't drink or smoke, they fount all the syringes, juice winny nolva and clomid. Thewy took it all after spending the night in jail i start getting drilled for the fake id thing again well i guess they didn't find anything on me about it other then some kids saying it was me when they got busted for it. they toook my comp and copyed my drive so trouble still might come up for it later not sure. So back to the story i have 2 mistermeniors for the pot and piece the steriods are a class 3 felony. i got a hole of my parents who got my a bonds men who posted my 12,500 bond with a 1,250 depostit. This is going to be the first steriod case every in this county history so my lawyar is afriad they might be rather harsh on me to prove a point witch means i could end up with anything between 1-7 years in prison. I'll find out he is going to have me talk to the prosucuter before i go to court explain what it all is why i was doing ti and all that, it is considered a controlded substace. i am in a ****load of problems hear, i need help with court and any sujestions i should do to get my test levels back to normale now that i am done with it and they took it all away.
y lawyar said if things work out i will be drug test for the next 2 years and that i won't even pe able to take any suppliments legal or anything. Help me please. I won't have much time to check this anytime soon busy with court lawyer bonds man and school and all that good **** so is people could bump this if it falls i would apprecate it. i will keep you posted ask any questions i will refer them to my lawyer, please any help would be greatly apprecated.
ChiTownTommy

Dude, if they have your computer they will know that you post on this forum, they will obviously now know your password too. All the evidence they will ever need is sitting on the board. If i was you i would at least change my password.

[hung-solo]

You're fuked plain and simple.....take it like a man and roll with the punches and when all is said and done...find out who rolled on you and get your payback...I think you'll be hurting in your wallet more than anything else

thats what i was thinking. go ahead and accept the worse mainly because that way if you do get the book thrown at you you wont be surprised but if you get it reduced then hey go celebrate.. but imo, a **** load of comm service, a hefty fine and deffered jail sentence( probation--if you **** up with their time you will go to jail, i dont see you going to prison bro) have you ever been in trouble before??

[hung-solo]

If it doesnt have a lock, then its free to search.

As you probably now know... you should never have let them come into your room. To give you an example why they couldnt come in to your room like your college said in fine print.... When they knocked on the door... they asked you to step outside... why? Because they cant walk in, and they knew that. If they were able to walk in, then they would have.... but they didnt... once they had you outside and drilled you with questions, they ASKED you if they could search your room.... and inknowingly, you said yes.

thats VERY true! i know plenty of people that has fallen for that.. lesson well learned

[SwoleCat]

Why on earth did you ever open the door at 2 a.m.???

I'd have continued w/lights out, and if no-one is there, they can't BREAK IN!!!!!

They'll have to come by the next day, in which case you could have flushed/gotten rid of all your stuff.

Sh*t, if anyone knocks on my door past 9 p.m., they get the ghost-town treatment!

Best wishes!
~SC~

[ChiTownTommy]

thats what i was thinking. go ahead and accept the worse mainly because that way if you do get the book thrown at you you wont be surprised but if you get it reduced then hey go celebrate.. but imo, a **** load of comm service, a hefty fine and deffered jail sentence( probation--if you **** up with their time you will go to jail, i dont see you going to prison bro) have you ever been in trouble before??

no i havn't done anything before this is my first offense, so i go tthat going for me

[ChiTownTommy]

Why on earth did you ever open the door at 2 a.m.???

I'd have continued w/lights out, and if no-one is there, they can't BREAK IN!!!!!

They'll have to come by the next day, in which case you could have flushed/gotten rid of all your stuff.

Sh*t, if anyone knocks on my door past 9 p.m., they get the ghost-town treatment!

Best wishes!
~SC~

yea i should could would done a whole lot of things diffrent

[hung-solo]

no i havn't done anything before this is my first offense, so i go tthat going for me

yeah you do, in n.c. they have a first offenders (for drugs) program where you pay money take classes and drug tests for a certain amount of time. also probation for like a year to 3 years and if you dont get in anymore trouble in that time period you can ask for an expungement( they erase one thing off your record only once in your life) so talk to your lawyer about that. try to make everything a misdameanor if you can... they do not expunge felonies..something to think about man..

[EastCoaster]

schools do indeed have some special case law that attaches to them, tho i don't think any specificly apply here. remember, a school official is not a police officer, and many of the limitations on police officers DO NOT apply to them. school officials regularly search locked lockers, and the evidence IS ADMISSIBLE.

Actually.... no. Like I said, colleges cant make up their own laws. The instance you gave where they can search lockers without your consent... never, not without a warrent. School principals think they are the "head key keeper". Here is what happens.. the cops send the dogs through the school, they start barking at a locker. So they go get the kid out of class, ask him to open up his locker.... and the dumbass usually does, because he doesnt know his rights. They never just open the locker, because they cant without a warrent. Same goes with college dorms.. this is why the officers asked him to step out of his room, because they know that they cant come in. Once they got him outside, they intimidated him by drilling him with questions. He was so shook up, when they asked to come into the room.... he said sure.


Like I said before.... the golden rule.... If it has a lock, it needs a warrent.

[hung-solo]

Actually.... no. Like I said, colleges cant make up their own laws. The instance you gave where they can search lockers without your consent... never, not without a warrent. School principals think they are the "head key keeper". Here is what happens.. the cops send the dogs through the school, they start barking at a locker. So they go get the kid out of class, ask him to open up his locker.... and the dumbass usually does, because he doesnt know his rights. They never just open the locker, because they cant without a warrent. Some goes with college dorms.. this is why the officers asked him to step out of his room, becuase they know that they cant come in. Once they got him outside, they intimidated him by drilling him with questions. He was so shook up, when they asked to come into the room.... he said sure.


Like I said before.... the golden rule.... If it has a lock, it needs a warrent.

yep yep! i learned that lesson too tommy so dont feel bad bro

[EastCoaster]

Lifes a learning experience

[allsaucedup]

sorry bro good luck

[ChiTownTommy]

just heard form the lawyer he said he has my court date moved to october 14th, so i have to sweat it out for a couple of weeks

[Psychotron]

so what if they came in before i let them, when i answered the door i was in my underwear cause it was 2:30AM and i asked if i could put my clothes on and the cop stuck his foot in the door and walk in holding the door open. can he do that or is it just me looking for any excuse to get out of this trouble

remember when the cops stepped in the door at ray and rods house, everything was thrown out.

[Soldier of Misfortune]

Ive been readin this for a few days now, the thing that jumped out at me and has probably been posted before, is that if the cops did not have a bonafide warrent i.e. the actual paper in thier hands when they knocked on the door, you could have and should have told them to **** off. Without a warrent, they cant do jack schidt. Then, like swole said, you could have hidden all your contraban in some one elses room till it blew over.

[bigol'legs]

drug parifonialia (sp) ... needles in your state are illegal???

I saw all misdemanor charges... except for the controlled substance. No trafficing charges.

Your lawyer should be able to talk the controlled substance charge down.

And a question... I didnt think Nolva and clomid were illegal?

[EastCoaster]

ask your professor if you don't believe me, or do a search on Westlaw for New Jersey v. T.L.O.

school officials DO have special case law about their ability to search. the 4th amendnent still applies somewhat to them, but they have much more leeway. like i said before, this doesn't apply to his case (college students have more protection than other students -Piazzola v. Watkins 442 E2d 284 (5th Cir. 1971) ) but there is whole bunch of case law about school officials having different standards for searches, look it up.

OK, lets just say that the school can set their own stipulations to searchs. No matter what their code is, they must have established probable cause to even justify such an attempt. When they searched this kids room, I dont see their probable cause. They knocked on his door because they "heard" he was selling fake ID's, hersay is not probable cause unless its coming from an informent... which I'm highly doubting it did in this instance.

If I were this kids lawyer, I would tear this schools officials inside out.

For starters.... you could argue that when he was asked to come outside, he was informally put under arrest. Technically, you're officially under arrest "when you feel that you cannot leave". These officers pulled this kid outside, then when he asked to put some clothes on, the officer put his foot in the door to watch him... in my mind, this kid is undoubtly under the watch and arrest of the officers at this time, UNLESS they said, "you're not under arrest, we just want to ask you a few questions." They have to be very clear about this. Without reading this kid his miranda rights, I dont see how you can justify his consent to search as reasonable. The whole incident was flawed with horrible procedure from the start.

I have no doubt that I would be able to have ALL charges dropped if I were representing this guy.

This kid was informally put under arrest without probable cause... under no circumstances can this be justified. I would tear this case apart.

[bigol'legs]

eastcoaster... If I need you, your coming to MT for vacation...


right?

[bermich]

Actually. Colleges CAN MAKE UP THEIR OWN RULES. Those rules are as good as law. You sign papers in admittance of that college saying you obey the rules set fourth by the college. You are NOT ALLOWED to do many things in dorms. Burning inscents for example can cause you to get kicked out of the dorm. The dorm BELONGS to the school. Just because it is being paid for does not mean the student can do as he wishes. The dorm is ON SCHOOL PROPERTY. Some schools dont allow co ed fratinizing inside dorms past a certain hour. Sooooo.....
As far as the searching thing goes, I dont know. Depends on the contract he signed when he enrolled. Im sure schools vary with what they can get away with.

From what I read from the above posts: He ADMITTED to posess the drugs. The cops said they had a search warrant so he let them search. They found the drugs.

ALL of this would be dismissed if he kept quiet like ALL THESE THREADS SAY TO DO.

A good lawyer could get him off. But is there such a thing without paying 20k?????

[EastCoaster]

Actually. Colleges CAN MAKE UP THEIR OWN RULES. Those rules are as good as law. You sign papers in admittance of that college saying you obey the rules set fourth by the college. You are NOT ALLOWED to do many things in dorms. Burning inscents for example can cause you to get kicked out of the dorm. The dorm BELONGS to the school. Just because it is being paid for does not mean the student can do as he wishes. The dorm is ON SCHOOL PROPERTY. Some schools dont allow co ed fratinizing inside dorms past a certain hour. Sooooo.....
As far as the searching thing goes, I dont know. Depends on the contract he signed when he enrolled. Im sure schools vary with what they can get away with.

You're right, a college can make their own rules, but they cant voilate your civil liberties. Let me go back to what I said before, "if it has a lock, it needs a warrent", I dont care who's property its on.

EXAMPLE

The police can come to your office while you're not at work and ask your employer to search your belongings.... which he will because its his property right? Yes, and No. They can search the top of the desk and around the desk, but if that desk is locked, they cannot under any circumstance open it without a warrent.

ANOTHER EXAMPLE

The police go to a high school with drug sniffing dogs. They let the dogs run down the halls till they find a locker they like. The Principal, who is in charge of the school, lets the police do this. Once they find a locker that the dogs are barking at, they CANNOT open it without a warrent. (though a warrent wont be hard to get because you now have probable cause). The police will go and get this kid out of class and ask him to open up his locker, and 99.9% of the time, the student will.


Its like I stated before, in the orginial case we're talking about... I dont see clear probable cause to stop and question this guy. I feel that they placed him under arrest, as he felt he didnt have the option to go back in his room.


I'm still in law school and I have a lot to learn yet.... but this case is extremely flawed.

[EastCoaster]

eastcoaster... If I need you, your coming to MT for vacation...


right?

I'm not exactly sure where MT is but if I'm Bar accepted in that state I'd be more than happy to represent anybody in need.

[bermich]

The police go to a high school with drug sniffing dogs. They let the dogs run down the halls till they find a locker they like. The Principal, who is in charge of the school, lets the police do this. Once they find a locker that the dogs are barking at, they CANNOT open it without a warrent. (though a warrent wont be hard to get because you now have probable cause). The police will go and get this kid out of class and ask him to open up his locker, and 99.9% of the time, the student will.


.

Are you sure that is correct? I always thought that highschool lockers belonged to the school and the kids were allowed to use them under guidelines. I thought the school can do locker checks ANYTIME for any reason.
Please check on this instead of thinking it is correct. This has my attention.

[EastCoaster]

East Coaster makes a lot of valid points on other issues, but i think he's wrong on this one. New Jersey vs T.L.O, look it up.

I will look this up.....

Are you sure that is correct? I always thought that highschool lockers belonged to the school and the kids were allowed to use them under guidelines. I thought the school can do locker checks ANYTIME for any reason.
Please check on this instead of thinking it is correct. This has my attention.

Read below for your answer....

[EastCoaster]

I must tip my hat to you MMA. You're right.

This is what I've come up with based on reading: New Yersey vs T.L.O, State vs Hunter, and Moore v. Student Affairs Comm of Troy State Univ.

A high school setting and college setting are similuar but a little different, we'll start with the high school setting first.

In a high school setting, the doctrine of in loco parentis is in effect, which means, school adminstrators are a substitute parent while students are in school. BUT students still have to have a reasonable expection of privacy. The courts say that probable cause is not even necessary to a search, only reasonable suspicion. Which I think is hardly a reasonable exception of privacy, because the teachers can possibly "plot" or set up the students. I dont agree with this at all. (but I'm nobody)


College gets a little more tricky. Yes, they can make their own rules and regulations for searches without warrents, but they must have clear probable cause! In Moore v Student Addairs Comm. of Troy State Univ, the courts established that "the right of privacy protected by the fourth amendment does not include freedom from reasonable inspection of a school-operated dormitory room by school officials." The problem with this is, whats reasonable? Thats up for the courts to decide.



Hope this helps answer everybodys questions. Thanks MMA, I stand corrected... I'm glad I learned something new.

[nj123]

i didnt read anything after the first couple of post but a good friend of mine was busted with a pcs(lorcets) which i believe is the same charge you have and he also got a POM(weed) and a Possesion of a dangerous drug. He got into some **** and he has a verry strict probation which is called like an outpatient program with hair test and meeting with a judge twice a week and classes like 4 days a week. Thought it might make you feel a little better to hear that? I know how it is being in trouble with the law and in and out of court