cops got me!!!! help please

[frogg]

you can kiss the federal job goodbye. on the other hand if you werent charged or arrested then i wouldnt worry about it. How fast were you going? The officer has probable cause if you were really really speeding. Plus the drugs he was really looking for he didnt find. but he stumbled on them so he took em. I wouldnt worry

[SwoleDave]

rick collins is the #1 in the country

that is BS... just because he wrote a book?!?!?!?!

[SwoleDave]

hey victor.... where do you live.... 5k for a retainer for a simple case like this is very high, especially for the 2 or 3 times the lawyer gotta show up

he prob. wouldnt even find a criminal defense atty who is asking for 5k for a retainer

[SwoleDave]

you are correct that the lack of ticket is huge. even if the stop itself is properly documented, if the REASON for the stop is not properly documented (the ticket), the stop may be supressed.[/QUOTE]

this part of the case is huge... this is gonna be what gets you off... without a proven reason for the traffic stop, anything they charge you with is thrown out

[SwoleDave]

to clarify, the incident report IS the proper documentation for a drug seizure and summons. and there has to be one, or it wouldn't have gotten this far. the lack of proper documentation for the REASON for the stop (the ticket) is what this really hangs on. of course i don't know all the details of this situation, but this is how it looks from the information i have now.

I think you hit the nail on the head...

Black, keep up updated!

[frogg]

they have the right to stop you. but if you are excessively speeding then they can search you and your belongings. i didnt know he recieved a summons. and yes they can confiscate anything they find.

[Cycleon]

first issue is that by fed standards at least 2 vials is almost nothing at all - with max for a first timer is 6 months but overwhelmingly probation - and a misdemeanor

but a good lawyer can eat that case up - I would recommend RICK'S BOOK tho - or have him conference your lawyer for an hour or two - it will be worth it - and then you can use a local who knows local but needs to know steroids as well

[yikes!!]

Quick question: Did the cop ask for permission to search your car or was in incident to your arrest since you were DUI? There is a difference between giving permission and an involuntary search such as a search incident to arrest.

Knight1811

it didn't matter....I was drunk as ****, he saw a baggy beside me and said to "get out of the car".......my lawyer raised the question what probable cause did you have for stopping him and that was the end of my case....he had none whatsoever.....he lied about a couple of things but he's story didn't match up.....BEAT THE STOP....and your home free.....man, I'm drinking now, I guess I haven't learned my lesson.....haha

[yikes!!]

also, I know there are some cops reading this post....chime in at anytime....haha

[yikes!!]

Quick question: Did the cop ask for permission to search your car or was in incident to your arrest since you were DUI? There is a difference between giving permission and an involuntary search such as a search incident to arrest.

Knight1811

oh, one more thing....giving permission and involuntary search does not mean nothing if he beats the stop.....beating the stop precedes everything else....if they had no probable cause to pull him over and he consented to a search then he still gets off......if he was pulled over for no reason and admits to the cops he had steroids or search my vehicle officer, any good lawyer would first ask "why were you stopped".....

[Pale Horse]

yikes, I wouldn't laugh at the law........

As far as 5k is has anyone here retained a lawyer for a felony charge besides me?
It was along time ago and I was being railroaded and it went to a jury trial and I won.

My fee back then was 20k and I did more work than my attorney on my case. He was excellent........ high profile and connected, for that you pay a premium.

[aka47]

lets say ur driving and or come out of somewhere and get into ur car and drive, if some1 calls the police and says this guy looks suspicious or acts suspicious, this is his license plate number or describes ur car, can the police pull u over and search u?

[meatwod]

I don't really know about the charges you could get but i have some advise anyway. I live in Texas, real close to Dallas. First thing to tell ya is the cops suck and are dirtier than hobo with the runs. not all of them but a lot of them.
1. First off, Dallas jails are really really over crowded all the f-ing time so even if you do get picked up there's a chance they might just book you finger print you and shlt, and then walk you right back out but never ever count on that. My friend was picked up for spousal abuse and child support and he was just walked threw like i said.
2. Don't acutely go into the court house without an attorney, if there is charges against you and you go there to get the case file/number, there just going to arrest you right there. If there are any charges against you then grab that there phone book gets ta calling you one of them there lawyer fellas.
3. If the cop let you go when he found the stuff he shouldn't be able to make a case against you at a latter date, but you never know with law enforcement. Unless the juice bottles or whatever it was didn't say on it what it was, in that case he could make a case latter seeing as how he didn't know what was in the battle but if that's the case he shouldn't have taken it with him, hw should have arrested you or got a test kit and tested the stuff.
4. Call the court house again and try to get them to mail, fax or whatever you the case file and number or just ask what the charges are over the phone. You had prescriptions for the viagra and stuff so he should not have taken that for any reason unless for him self. So if the case file dose not mention the viagra and stuff, and the cruiser the cop was in was outfitted with a dash cam that was on at the time, he will be looking at a hole lot more trouble than you will because he would have been caught on camera taking you viagra. If the cruiser was not outfitted with a dash cam then just fu<king deny everything the <o<k sucker says and tell the judge or whoever, "yeah i was speeding and he pulled me over and searched my car and found my prescriptions and told me that he would have to confiscate them" the end don't mention the juice, just deny it he wont have any f-ing proof it was yours.
5. Just remember Bushes new juice law (it sucks i know)
6. When you contact a lawyer (and you defiantly should without a f-ing doubt) contact one from what Dallas area. The reason for this is because he will know all the judges and DA personally and how to handle them in the best way. One thing judges down there in Dallas don't like is some smug out of town or out of state lawyer coming in trying to tell them how things are and how they are going to be. Pulse if you just hire one from the Dallas area you may, if your lucky, not even have to make the trip to Dallas and your lawyer can just handle it without you being here, but i really don't know about that.
I personally have had experience with Dallas/fortworth courts, lawyers and cops and ill tell you that the experience i had was so god **** backwoods that it made me f-ing sick.

I happen to know a few cops that i can ask questions without any questions asked in return if you know what i mean, so i will run this by them and see what they say about it and get back to ya as soon as possible. Until then.........don't take any wooden nickels, and if you do, do not and i repeat do not, put them in your bottom.

Peace, good luck.

[blackh2]

one again i thank you for the help. i am calling the lawyer im thinking on using tomorrow and ask him about all of this stuff, most importantly the no issue of the ticket. i do know the cop can file the case at large like he did untill the test of the drugs come back. the grand jury was still looking it over on friday so there is no case number yet that i know of. i just hope the bail isnt outrageous cause im sure ill have to go through the booking process and make bail. i guess that is what the cop met back in september that it was my lucky day.he didnt take me to jail and i hope his mistake is not issuing a ticket. i owe you guys for the help but all i can say is thanks.

[alex117k]

ya i would talk to an attorney don't know the law in the US i'm sure its the same as in canada, their not suppose to search or go into your vehicle without a warrant, you could argue in court that you were confused and scared and didn't think that he needed a warrant and thats why u gave him the permission, or could say he violated your rights by searching without a warrant, but not sure that would go anywhere beings he asked and u said yes

Hey bro, saying he violated your rights without permission is a bad idea. I think cop cars have cameras that record every stop and if they catch you in a lie it'll throw your whole case in the crapper. Just hire a good lawyer and let him get you off, or plead you to a misdemeanor, which I don't think will show up.

[Peacekeeper]

First of all, I feel for you large bro. I have a huge amount of cops who are close friends of mine. I'm in Canada, but here one bottle of Winstrol is what we call a schedule 4. Which means you can have it, use it, but you can't sell it or buy it. That doesn't help you though cause your a red blooded American, and although you have the right to be proud, the law has bit you unfairly. Any cop who tries to do you for that little jug is obviously a little jealous of your body, or just plain "too eager". I respect cops but good grief. Anyhow, I talked to them and Ive read what the other guys have told you. They are all 100 percent right in their advice, and I hope this can help as well. Here in Canada a large amount of Coppers turn to XCoppers when they quit or retire. They get paid to fight traffic tickets and drunk driving ect. Just a suggestion, but spend a few bucks on one of these guys and find out, was the traffic stop legit, what were his grounds (what did you do wrong), is there such thing as a "consent search" in your state, is there a record of the stop, did he make proper notes in his notebook ect. Sorry to ramble on pal but I really hope you can beat this. No hard working guy deserves to go down cause of some AS. Let me know if I can help!!

[Knight1811]

it didn't matter....I was drunk as ****, he saw a baggy beside me and said to "get out of the car".......my lawyer raised the question what probable cause did you have for stopping him and that was the end of my case....he had none whatsoever.....he lied about a couple of things but he's story didn't match up.....BEAT THE STOP....and your home free.....man, I'm drinking now, I guess I haven't learned my lesson.....haha

Look at the facts: The original poster stated he was speeding! He does not contest the fact he was speeding. The poster is inquiring about not having documentation/substantiation of the stop and how that would affect his situation....and given his situation my questions totally applies. And to beat the stop b/c there was no formal ticket...is a long shot. Before a cop pulls you over there are little things called vehicle checks...you know...10-28 and 10-29. Also, after getting the person's license and indentifying information there will be a wants/warrants check...you know a 10-43 and 10-44. All of which the cop has to call in over the radio to a radio operator that logs in the calls!!! THAT IS PROOF THAT THE STOP TOOK PLACE!!!! On the other hand, there may be an issue with why the cop didn't give the ticket. I'm not sure about that situation since I don't have experience in that. Nonetheless, the stop is still justified.

Lucky for you in that you got off b/c you "beat the stop" but in this dude's case, it's different...he states he was speeding and there WILL be proof of a stop due to wants/warrants check and vehicle check. But, you are right about beating the stop, however, I don't think it applies here hence my questions.

Knight1811

[slopland]

I'm not extremely knowledgeable in the law field, but if you were going to be charged with something, they HAVE to take you in the day they pulled you over. They would place you under arrest at that time and taken you for booking, then you could bond out. Otherwise, you were let go and they are not allowed to charge you. Also, lol, NEVER let them search your vehicle. If you say no, the best they can do is bring the dogs and let them sniff around. Also, without reasonable suspicion, they have to let you drive away within a reasonable amount of time (15 min), which makes the K9 unit pretty much impossible unless they are in the vicinity.

[Salvia]

i call bull****.......you would have been arrested on the spot....especially if you are from out of state!!!!....................

[HAtkins5]

I know three good lawyers in Dallas, that is where I live, if you want there numbers give me a pm and I will send them to you