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  1. #1

    Serious legal prblem. Please help

    My fiance has a problem.
    About 1 month ago she got pulled over for not stopping a stop sign at 3 in the morning. She (stupidly imo) let the cops (2 of them) search the car. She had a bag of weed (small, only a dime) and a pipe. one of the policmen saw her cop outfit and purple didlo (as she was going back to her house from mine) and he asked her some personal questions as he picked up the dildo and flopped it around. He asked her is she was roleplaying and also added a comment on how the dildo big. She was going to go to jail, however before she was about to be put in the car the policemen got a call and had about a man getting shot and had to leave. They let her go and kept the stuff and said they would get back in touch with her for the ticket.
    Her and the cop tried getting in touch with each other a few times within the first week after. However, plans were never setup to him to come by and issue her a ticket, which is what he said he was going to do when he let her go. After about a month she got a letter in the mail saying that she had to go down to the clerk of court and get details of her charge, or if she had questions they gave her a number to call. So she called the number and apparently they said that she has to go to court and the attourney is going to cost 1500 dollars.
    We have no way of getting this money for an attourney and her mother said there are no more free attourney, however I think otherwise. Aren't they suppose to provide you with an attourney if you don't have money for one?
    I told her to fight this because cops aren't allowed to take your stuff and not arrest you, correct? Also the things he said are considered sexual harrasment in my book.
    What should we do?
    To assume perfection is merely a display of ignorance.

  2. #2

    Re: Serious legal prblem. Please help

    stop smooking weed?
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  3. #3
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    Originally posted by HotLinkHost
    We have no way of getting this money for an attourney and her mother said there are no more free attourney, however I think otherwise. Aren't they suppose to provide you with an attourney if you don't have money for one?
    I don't know where you are, but generally in the US you'll only be provided with a public defender for a criminal charge. If it was just a misdemeanor possession one may not be available.

    She should, though, be able to talk to an attorney and get that question answered definitively in an initial consultation, which should be free. She'll also be able to find out what the attorney's fee would be to defend her -- $1500 would seem pretty high for a single appearance on a misdemeanor charge. I wouldn't expect the clerk of courts to be able to give an accurate number; that was probably the high end.

    Probably she could also make the initial appearance alone and plead innocent, getting a trial date. That would give more time to actually get a lawyer before the trial.

    Whether there was harassment at the time she was stopped is really a separate issue. If she intends to pursue that, she should have a lawyer.
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  4. #4
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    Your fiance may be able to get a public defending to be appointed. Among other things, it might depend on her income or assets or those of her parents in she is a minor.

    Public defendors range in ability from extremely good to absolutely worthless.

    Personal note - I know an attorney who represented someone on a pot charge and the attorney had the trial delayed and delayed. The statute the guy was charged under had a "weight" provision.

    Guess what. The pot was not weighed until just before the trial, either it had dried up or someone from the evidence room had taken some. Even though it had not been weighed at arrest, from testimony it was clear there was a lot of it when the guy was caught. The prosecutor took a couple of hours presenting evidence, my attorney friend simply stepped up and showed the statute and the weight slip. Jury was out about 10 minutes, not guilty.
    You'll get fewer complaints from over performing than from over promising.

  5. #5
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    You can get a public defender, free of charge. You probably don't even need that, just plead guilty.

    Yes, they can confiscate materials without arresting you or charging you. When I worked at a park district the cops did this all the time, more often than not they'd just toss the stuff into the creek. There are seriously at least 100 crack pipes in there.

    Finally, can I meet your girlfriend, please. Thank you.
    Jim Reardon - jim/amusive.com

  6. #6
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    Originally posted by amusive.com

    Finally, can I meet your girlfriend, please. Thank you.


    Sirius
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  7. #7
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    Well I'm no lawyer of course but I'm pretty sure there's no law says "you must pay for a lawyer" if it's just a misdemeanor possession charge and a running a stop sign charge she could just show up and plead no contest or guilty and take the punishment. Running stop sign surely that's just a basic ticket, maybe a point on your license. Misdemeanor possession isnt usually very severe, last person I knew who had one against him spent 15 days in jail and a $750 fine, since the jailtime was under 30 days they let him serve it on the weekends, went in on friday, left on monday morning for work, counted as 3 days, 5 weekends later he was done. I don't think misdemeanor criminal charges have the public defender thing (please check this) but getting a lawyer for something this simple oughta be more like $500 not $1500 guess it depends. Sounds like you need to get on the phone and do some more calling around about this.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  8. #8
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    Originally posted by Dixiesys
    last person I knew who had one against him spent 15 days in jail and a $750 fine, since the jailtime was under 30 days they let him serve it on the weekends, went in on friday, left on monday morning for work, counted as 3 days, 5 weekends later he was done.
    Wow, That sounds severe. You only get that kind of punishment in the Europe for murder.

    Simon

  9. #9
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    Originally posted by SimonMc
    Wow, That sounds severe. You only get that kind of punishment in the Europe for murder.

    Simon
    It wasn't his first misdemeanor possession charge 3rd I think.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  10. #10
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    Check over at this site:
    http://www.norml.org/

    Here's a bunch of lawyers in Florida:
    http://www.norml.org/index.cfm?wtm_v...&Group_ID=4530

    And here are the laws regarding marijuana in Florida:
    http://www.norml.org/index.cfm?wtm_view=&Group_ID=4530

    Best bet is to get a hold of someone in the chapter of Norml:
    http://www.norml.org/index.cfm?Group...m_view=chapter

    Good luck

  11. #11
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    Its April 1st...that's all Im sayin.
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  12. #12
    Originally posted by Vamp22
    Its April 1st...that's all Im sayin.
    Yes it is april first, however all of this happened about 1 month ago. I'm not joking.

    Anyways, thank you all for your help.
    And amusive... um No
    To assume perfection is merely a display of ignorance.

  13. #13
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    Ah, well, I tried.
    Jim Reardon - jim/amusive.com

  14. #14
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    Re: Serious legal prblem. Please help

    Originally posted by HotLinkHost
    After about a month she got a letter in the mail saying that she had to go down to the clerk of court and get details of her charge, or if she had questions they gave her a number to call. So she called the number and apparently they said that she has to go to court and the attourney is going to cost 1500 dollars.
    There's something wrong with this picture, HLHost. Is she in the United States?

  15. #15
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    They have to give you a free lawyer if you can't afford one, as is stated in your Miranda rights:
    MIRANDA RIGHTS


    1. You have the right to remain silent and refuse to answer questions.

    2. Anything you do say may be used against you in a court of law.

    3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

    4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

    5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

    6. Knowing and understanding your rights as I have explained them to you,
    I'm assuming you live in the US.
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  16. #16
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    Originally posted by Xshare
    They have to give you a free lawyer if you can't afford one, as is stated in your Miranda rights:
    Not relevant; you don't get Mirandized if you get a ticket for misdemeanor possession or running a stop sign (the original post doesn't specify exactly what the citation was for).

    In some places in the US, you may get a public defender for that kind of a charge. In others, you can't. There's no hard legal requirement for it, because the courts' rulings in most jurisdictions have been that you can't be jailed without a chance for legal representation -- but you can be fined.
    Specializing in SEO and PPC management.

  17. #17
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    Owning a purple dildo is illegal in the state of Georgia. Be careful.

  18. #18
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    Except they were going to arrest her. Which in that case, they would have to read her her rights...
    Dan Sheppard ~ Freelance whatever

  19. #19
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    I thought it was green that was illegal?
    Jim Reardon - jim/amusive.com

  20. #20
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    Originally posted by Sheps
    Except they were going to arrest her. Which in that case, they would have to read her her rights...
    Sounds like a bit of a misunderstanding there. Under Miranda, the police have to advise you of your rights prior to a custodial interrogation in which you are a suspect. They don't have to do it before arresting you, that is; only before questioning you. In a case like this, there's little need for interrogation -- she was the only one in the car, she gave her permission for the search, and they found an illegal substance and paraphernalia. They could certainly have made an arrest at that point without any questioning and without giving the advisory. Questions as to the subject's name and address are allowed without a Miranda warning, and questions like "where are you coming from" and "where are you going" are considered basic and are also allowed. Miranda only covers pertinent questions about the investigation of a crime, only applies to someone who is a suspect in that crime, and only applies if that person is in custody (which is different from "under arrest).

    In any case, they didn't place her under arrest. They may have told her they were going to, but if they had actually done so they wouldn't have let her go.
    Specializing in SEO and PPC management.

  21. #21
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    Whatever happened to the Miranda rights?

    "You have the right to remain silent. Anything you say can be used against you in a court of law. If you cannot afford an attorney one will be appointed to you. Do you understand these rights?"
    Kerry Jones

  22. #22
    Originally posted by timechange.com
    Owning a purple dildo is illegal in the state of Georgia. Be careful.
    tis' true...
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  23. #23
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    Originally posted by Kerry Jones
    Whatever happened to the Miranda rights?

    "You have the right to remain silent. Anything you say can be used against you in a court of law. If you cannot afford an attorney one will be appointed to you. Do you understand these rights?"
    There are specific applications they apply to.

    Just remember, what most people know about "Miranda Rights" they learned from TV.

    (Kerry, please don't take that wrong, it was not directed at you...just a general observation of the public as a whole...I have no knowledge of your legal background or experience so it would be unfair to judge as such)

  24. #24
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    Originally posted by Kerry Jones
    Whatever happened to the Miranda rights?

    "You have the right to remain silent. Anything you say can be used against you in a court of law. If you cannot afford an attorney one will be appointed to you. Do you understand these rights?"
    Read JayC's post directly above yours; he clearly explains it.

    Regards,
    Waylon

  25. #25
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    Well they must give the short version on cops :p
    Kerry Jones

  26. #26
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    why would owning a purple dildo be illegal? Or are you joking....

  27. #27
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    Originally posted by Bub Host
    why would owning a purple dildo be illegal? Or are you joking....
    Timechange NEVER jokes

    Simon

  28. #28
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    New Flash!

    Homeland Security has raised the security level to purple, on the dildo alert scale.

    So keep your eyes out for the purple ones and report any to John Ashcroft. He'll know what to do with them.

    You'll get fewer complaints from over performing than from over promising.

  29. #29
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    Originally posted by Bub Host
    why would owning a purple dildo be illegal? Or are you joking....
    Actually Alabama did make owning and selling these things illegal a few years ago, a friend of mine who owns a "toy shop" fought it tooth and nail, she finally got it overthrown with some help.

    http://archive.aclu.org/news/n072998a.html

    So Georgia doing the same damn thing is NOT out of the question...
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  30. #30
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    are you sure

    Originally posted by Dixiesys
    Actually Alabama did make owning and selling these things illegal a few years ago, a friend of mine who owns a "toy shop" fought it tooth and nail, she finally got it overthrown with some help.

    http://archive.aclu.org/news/n072998a.html

    So Georgia doing the same damn thing is NOT out of the question...
    they sell them here

    they have insurrection shops all over town
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  31. #31
    Can the cops confiscate her stuff like that? Where is the dildo and cop outfit now? Is it sitting in an evidence room somewhere, or did the guy bring it home with him?

    Weird stuff.

  32. #32
    The cop didn't confiscate the dildo and the cop outfit.
    To assume perfection is merely a display of ignorance.

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