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GotGods

>Moderator Note: Flaming off topic content removed<<

 

goodgirl

If we could just all try to leave discussion of heroin out of the thread from now on I would appreciate it. Passions run high on the subject and only distract us from the issue at hand.

I have allowed some leeway here, but I am afraid that I can not continue to do so. Thanks for understanding

Peace
~GG

__________________
"Sometimes being a bitch is all you have to hold onto." ~Dolores Claiborne

GotGods

i dont believe that i was going off topic heroin came up in the topic and also some one said that they were only hurting themselves by doing it i was only tryin to get them to see that they are not only hurting themselves by using heroin they are hurting everyone that they use with if they use with anyone and if they do use with other people they are hurting everone they become intimate with

GotGods

i think you all should be a little more open minded just because something about another drug comes up it does not mean it is necesarily bad. honestly i believe that if i did not learn about other drugs i would probably be using alot more than just weed, if i were not informed about other drugs. it is that basic knowledge that keeps me from doing harder drugs.and also just saying something is bad dont do it is not enough thats why i did weed i was thinking "if this is so bad then how come everyone does it" so i tryed it to see why it is so bad and i believe that i would have tried many other drugs also if i did not take the liberty to research them my self

SonOfAGlitch

just to clarify, I know this for a fact to have happened. I don't know if this "saphyre" girl is the same girl i know whom this happened to, however.

Almost exact same story.

 

The Sip'n Fly

I wouldn't mind all these stupid american laws if you people would just stop it with this "land of the free" nonesense.

SatensAngel2442

Hey NYPD is totally wrong in this case. they had no reason to search you and they shouldn't of been total jerks to you. I seriosly wish that i could just chill w/ them(NYPD) and say hey let's smoke a bowl, then they'd chill and let you go. I give you lotz of love and support if you wanna vent contact me.

Randøm_

Preceeding interrogation, Miranda rights must be read. Within these rights is mentioned "the presence of an attorney".
I suggest in that case, the person should have kept their mouth shut and demanded an attorney before allowing any action that would have led to incrimination.
It is true that the failure to have been read rights can get evidence dismissed (usually statements). Sometimes an entire case is thrown out, too. You see, some can argue one case law, and their opposition argues the other. What is decided depends on the individual laws in the place of the arrest and the individual judges that make the decision of what the attorneys represent to them.
This is crucial info to be relayed to the arrested party!!! New York, in particular has 2 things favorable in this issue.

1) Conditional release. The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

2) Decriminalization. The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

I suggest the person to look up this info and suggest it to their public defender, specifically. If the public defender acts incompetent, fire her/him during the trial and represent yourself. Only opt to represent yourself if you are to go for one of the above mentioned. Any defense for a trial when representing one's self will get you fried unless you are as versed in this as a lawyer.

Niteshift

"Preceeding interrogation, Miranda rights must be read."

If I intend to use the information as evidence......... otherwise we're just talking. You may be just talking for an hour before I decide to read you the rights warning and it's perfectly legal.

"It is true that the failure to have been read rights can get evidence dismissed (usually statements). "

Only the statements and evidence derived from those statements.

"Sometimes an entire case is thrown out, too. "

But ONLY if the case is dependant on what was elicited in the interview. As I stated before, physical evidence, witnesses etc. all stay in place and in many cases, I don't need any statement from you.

"If the public defender acts incompetent, fire her/him during the trial and represent yourself. "

I have to tell you that this really suprised me Random. You've said some intelligent things on here, but this isn't one of them. This is really bad advice. The old saying "A lawyer who represents himself has a fool for a client" was coined for a reason.

Also, keep in mind that a judge has to allow your pro se defense. Many of them are very hesitant to do so, as well they should be. I have a very low opinion of the legal profession, but they had to sit through law school for a reason.

People who think that they want to act as their own lawyer think, mistakenly, that they will get to just stand up and say their piece. Far from it. They will have to follow all court procedures, most of which they won't even know. Not following those procedures will keep you from getting into the trial things you may want to get in.

You also put yourself into a bad position since your 5th Amendment protection will be weakened.

There are many other reason, but let's just stick with these for now. This is a bad idea.

Randøm_

"As I stated before, physical evidence, witnesses etc. all stay in place and in many cases, I don't need any statement from you."
Keep saying "you" and I'll develop a complex, lol.

"If the public defender acts incompetent, fire her/him during the trial and represent yourself. "

"I have to tell you that this really suprised me Random. You've said some intelligent things on here, but this isn't one of them. This is really bad advice. The old saying "A lawyer who represents himself has a fool for a client" was coined for a reason."
Thanks for the semi-compliment, lol, I do believe it's a first, Niteshift. You seem to have completely neglected some crucial statements of mine that followed. Just to be nice, I'll repost it , this time in italic-bold font, just to make sure it gets some attention:
Only opt to represent yourself if you are to go for one of the above mentioned. Any defense for a trial when representing one's self will get you fried unless you are as versed in this as a lawyer. ...And the above mentioned pertained to shoot for the option of probation as OPPOSED to a trial, in which afterwards the charge will be expunged. Or if the matter is viewed as a status equal to a minor traffic violation. If it goes to trial in criminal court... do not, I repeat, do not represent yourself.

I know I get a little verbose sometimes, Niteshift, but there really are reasons I include all those other words.