I had recently had repair on a hernia surgury that got a staff infection with the mesh. I had an open wound and was on a lot of antibiotics and pain killers. I went out with my brother to go to a club to get out. I dont remember anything after leaving the club but aparently I kicked my brother out of the car then passed up my home address by 15 miles got pulled over for dwi and possession of marajuana. I did not blow. I went to jail and in my shoe they say they found a roach of marajuana. They gave me a felony charge for a controlled substance in a correctional facility that has a minimum of 2years. I remeber none of this! Is there any way to beat this? temporarily insanity? because I dont remeber? My attorney I dont think is a good one. I have never used him and had to pay him 6000 up front. What are my options if any? any advice from professional? I have 85000 in the bank. I do not want to go to jail for 2 years! HELP PLZ>
2007-12-13 12:18:01 · 10 answers · asked by Chad G 2 in Politics & Government ➔ Law Enforcement & Police
You did not bring controlled substances into a correctional facility. They brought you there by force. You didn't bring yourself there. You didn't knowingly bring the substance to a facility. The officer who wrote up the charges incorrectly read that paragraph in the law. A similar case in oregon was reversed by an appeals court. See Oregon vs Tippetts:
http://wings.buffalo.edu/law/bclc/web/ortippetts.html
2007-12-13 12:35:17 · answer #1 · answered by Hgldr 5 · 0⤊ 2⤋
In my state you cannot be charged with illegal conveyance of a controlled substance into a correctional facility if the police arrest you and take you to jail and then find it on your person when being booked. That is not considered voluntary conveyance and, per the courts, a necessary element. Your state may have a different interpretation.
2016-04-09 01:43:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It seems to me that you probably have prior arrests or were uncooperative in court. For you to get 2 years in prison seems entirely too drastic a sentence in light of the fact that it's such a common crime. If everyone who got caught with marijuana and a DUI were put in prison, seriously, all of Hollywood would be in jail, and college campuses would have to be turned into prisons.
It doesn't make any sense.
Get a better lawyer.
2007-12-13 12:31:41 · answer #3 · answered by Leina 3 · 1⤊ 0⤋
Sounds to me like you are going to prison. You may be able to plea bargain. I would get a better lawyer. The introducing contraband into a correctional facility is hard to beat. I wouldn't count on the temp insanity plea either.
2007-12-13 12:27:29 · answer #4 · answered by ? 4 · 1⤊ 1⤋
Well the DUI is gonna stay there. I mean if you didn't put the pot in your shoe you could try to contest it, but you'll prolly go to jail. Sorry bud
2007-12-13 12:24:30 · answer #5 · answered by Blobofgoo 3 · 0⤊ 0⤋
intoxication is not a defense to prosecution, and if you try to go to trial instead of a plea bargain then you will probably get a longer sentence. most jurors aren't going to sympathize with you.
2007-12-13 22:47:51 · answer #6 · answered by ROBERT G 3 · 0⤊ 0⤋
if you didn't want to go to jail, you shouldn't have committed a crime.
Simple action reaction. every action has a consequence.
2007-12-13 12:22:41 · answer #7 · answered by Anonymous · 2⤊ 1⤋
discuss with your atty and no one else. if you do not like the atty , ask refund and get a new atty. good luck.
2007-12-13 14:06:26 · answer #8 · answered by Mildred S 6 · 0⤊ 0⤋
Deny the possession of illegal drugs and cite procedural loopholes on this matter because you are not aware when it found on your possession.
2007-12-13 12:21:10 · answer #9 · answered by FRAGINAL, JTM 7 · 2⤊ 2⤋
You'll have no luck pleading insanity.
2007-12-13 12:23:58 · answer #10 · answered by Anonymous · 3⤊ 0⤋