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law420

damn you're good. yeah im studying for the bar coming up in february. Thought some real life scenarios might be good practice since I cant sleep.

 

law420

Of course his prints are going to be on it. The reason that you want to check for prints is to see who else's finger prints might be on it. If the girlfriends prints are on it, then this corroborates his story that she planted the drugs. She certainly had motive. I get her fingerprints into evidence now I can cast reasonable doubt. She has to explain why her prints are on the canister. Then it becomes he said she said. All of a sudden its no longer a slam dunk case for the prosecuter. Its a much better way to attack the case than to go after the cop. The cop has greater credibility but the girlfriend would be easy to impeach--especially if you have her prints on the evidence.

Mamabudz

BARBRI

Review the Questions...
Review the Answers...

and do it again ...

Til you get 98% ...all the time


...here's another cookie

Now get with the program and get your sleep under control -- you hae a2 day test to sit for -- Start taking those Questions using a timer under Test conditions...no it isn't too soon.

You are an athlete...get into condition...

Break those stoner stereo types.

Hugz,

Mama Budz

pyroboy907

Yeah i know its not smart i tried to change it anyways because i misunderstood who exactly my lawyer would be so regardless it wont come back to me. Thanks for the info though and wish me luck cause this is going to be a b**** to get off my record.

pyroboy907

Im inferring that you gave the cop permission to get your jacket because you were cold. The cop has a right to search the pockets to make sure that there are no weapons or needles in there. His right to safety trumps your right to privacy. [/quote]

Well as i said before there was no reason for him to get the jacket at all it wasnt even that cold out and i was already cuffed outside in his car. Nice and warm with his partner. I think it was a setup on my ex-girlfriends part f****** b*****.

 

pyroboy907

You know i never thought of that her prints are definately on that pill bottle. HMMMM......Good ideas! Thanks

law420

Well that changes everything. That is majorly fishy. You need to get a good lawyer. It's going to cost you a good amount of money. Perhaps you can use a credit card if you don't have the money. Your up against some serious s***. If what your saying is true, the lawyer should be able to help you. Good luck.

BartSimpson

law420 - I, too, welcome you as a voice of legal reason and glad you are here to help some folks who otherwise get jailhouse legal advice. Perhaps you will consider using paragraphs in your longer posts to make such readable.

The pot was secondary to a domestic issue in this case and likely a matter that could be negotiated. I tried to impress on the OP his issue was the Domestic Violence charge and far more reaching than a possession charge in the long run. Others joined me in this but the OP continues to focus on the procedural matter of a container with his name on it, in his jacket, found in the course of an arrest. As for fingerprinting the container - well that seems to be a matter of watching too much CSI - Miami or Las Vegas, as those forensic resources are not available in these type of crimes.

Good lawyer, Yes! Major expense, Yes! Matter to defend - the DV charge. Yes?

troublemaker_42

As Bart said, this is basically a non-issue. Even if the resources were used in this case, nothing is proven. Lord knows that my fingerprints most likely would be all over my wife's possessions, pill bottles included. Proving that she at some point TOUCHED the pill bottle is still a far cry from proving that it was her weed in the bottle, and it was placed in hois coat as a way of setting him up. A complete non-issue, without any kind of further evidence to point to her as the owner of the marijuana.

Bart is right on another thing as well. The possession charge shouldn't be the issue here. The domestic abuse charge is going to have a much bigger impact, and in all liklihood, the cannabis charge may get dropped along the way, espeically if the OP ends up making some sort of plea agreeement with the DV charge. I highly advise the Op seek legal counsel, and work on some sort of plea agreement that reduces the DV charge to something along the lines of simple assualt, with the cannabis charge getting dropped altogether in exchange for a guilty plea on the other reduced charge. Our courts are routinely clogged up, and the prosecutor probably wants your case to be handled as quickly and efficently as possible. This reason alone often leads to plea agreements that are beneficial to both sides

law420

I agree the dv Charge is more pressing and its likely that a lawyer would be able to get some sort of plea bargain. If he's a senior in HS, hopefully he is still 17. There are some damn good litigaters out there if you have enough money. A good attorney might even be able to beat all the charges. I was just speculating on one possible way his attorney could cast a reasonable doubt on one of the issues and in no way meant to downplay the DV charge. I agree, he needs to get the best lawyer he can and if he doesn't fight the case vigiliantly it could ruin his whole life; even though, he is so young.