Monday, April 20, 2009

Controlled substance in a correctional ficility!?

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%26gt;

Controlled substance in a correctional ficility!?
You did not bring controlled substances into a correctional facility. They brought you there by force. You didn%26#039;t bring yourself there. You didn%26#039;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/or...
Reply:You say you didnt blow before you went to jail.......... so that must have started when you got there?


LMFAO


You remember none of this?


LMFAO


Wasnt your roach in your shoe?


LMFAO


85 grand in the bank?


LMFAO


Is that before or after the 6 grand for your lawyer?


LMFAO


You know ............ the hollywood script writers are on strike...... you should apply for a job being a comedy writer.
Reply: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.



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