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Old 09-09-2001, 05:45 PM   #1
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Default Does this lady have any legal options?

This was a news submission. We get a lot of questions like this submitted as news. This one struck me as sincere, but who knows. I thought I'd post it here for discussion. If anyone wants to send this lady any information, I would suggest that you don't include a return address.

It really sucks that we have to be that way.

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compassion is dead!

I have used marijuana for 10 years. I was a housewife and used marijuana for 10 years in place of drinking. i have 4 grown children and several grandchildren. My husband choose to drink because pot made him paranoid. Last April, i went to Texas ti see my daughter, and while i was there, i went to Mexico for a different varity of antibiotics and soma's anf allgera to help with my allergies, because the drugs a cheaper down there. One the way home, a small town cop stopped me for speeding. He ask to go thru my car, and i ask him why. He told me he could go thru it there, or, he could take me in and ne would go thru it anyway. I did not no my rights at this time. 10 days after my arrest my husband died of a massive heart attack. This was the first time i had been in any kind of trouble. I was sentenced to 5 years probation, and have to attend some kind of 12 step program. altho i had a script for the drugs, i had put them in little baggies and that it what i got 3 years for. the other 2 years was for the pot. I am a woman of 58 years and think it is unfair that my punishment was so harsh. Is there anything i can do to make things easier for me. Loosing my husband was the worst punishment i can imagine.
Now i am on drugs that make me goggy and i hate it. If you haave any suggestions i would be eternally grateful. Thank you. connie prucka 6040 oak crest plaza, omaha,nebraska 68137

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There will be a story posting today at noon that talks about warrantless searches, and police pressure simmilar to what this lady encountered. There may be some precidence that this lady can use to her advantage.
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Old 09-09-2001, 06:31 PM   #2
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Default illegal search

first, get a lawyer, they can helpm you more than anyone here i'm sure, but i remmeber that the supreme court said that police can not search a car for a simple moving violation, so the cop should not have even asked you to let him with out informing you of your rights, maybe you can do something based off of that ruling...

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Old 09-09-2001, 07:31 PM   #3
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Cool I think...

that if it is a legal substance,(e.i...Presciption.)the test done by the states legal testing laboratory should have shown that the substance was a legal prescription,if you don't list the exact charge,then it is almost imposiblie to diagnose any chance of an appeal.
2.Search and seizure is usually given priority to the officers judgement and is hard to beat.Taking the pills out of the bottles is stupid.The officer is going to be less concerned perhaps by a prescription bottle than a bag of loose pills,huh?

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Old 09-10-2001, 07:30 AM   #4
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Default Details...

WHEN READING THIS I UNDERSTAND THAT I AM NOT A LAWYER, JUDGE OR ANY OTHER EDUCATED LEGAL PROFESSIONAL - SO DON'T TAKE MY ADVICE/INFO AS FACT!!
--

Was this a plea agreement or did it go to trial? Did you orignally plea guilty, not guilty, or did you stand mute?

Did you have a public defender, hired attorney, or did you represent yourself (no council)?

Where were you arrested? Did your probation get transferred to your county?

What were the final convictions for exactly?

Were ANY of the drugs in sight at the time of the pull over - legal or not?

You can possibly lobby to have it back before the courts for a a re-sentencing. You will have to do this in the county in which you were arressted though.

You can also try to have the sentance converted to jail time (for a lesser period) if you want to be done with this ASAP - most people of course would NOT want to do time.

The best advice was already given to you - GET A LAWYER. You really are at the mercy of the states attorney unless you have your own represenation... Looks like they threw the book at you here!? Good Luck.

REMEMBER I AM NOT A LEGAL PROFESSIONAL, THIS INFORMATION MAY BE COMPLETELY INACCURATE! BUT I THOUGHT I'D TRY...

BYE!
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