Monday, April 20, 2009

Controlled substance in a correctional facility help? emergency!!?

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 facility help? emergency!!?
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:Well the DUI is gonna stay there. I mean if you didn%26#039;t put the pot in your shoe you could try to contest it, but you%26#039;ll prolly go to jail. Sorry bud
Reply:Deny the possession of illegal drugs and cite procedural loopholes on this matter because you are not aware when it found on your possession.
Reply:discuss with your atty and no one else. if you do not like the atty , ask refund and get a new atty. good luck.
Reply: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%26#039;t count on the temp insanity plea either.
Reply: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%26#039;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%26#039;t make any sense.





Get a better lawyer.
Reply:if you didn%26#039;t want to go to jail, you shouldn%26#039;t have committed a crime.





Simple action reaction. every action has a consequence.
Reply:You%26#039;ll have no luck pleading insanity.
Reply: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%26#039;t going to sympathize with you.



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