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| Drugs Charges Drug crimes, arrests, citations, MIP, MIC, possession and consumption, etc. |
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#1 |
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Drug Charges and speedy trial, any input
I was arrested in july of 2005, first pub. def. said dont worry about this it will be thrown out at a preliminary hearing. police had no reason to search house. (no drugs found at house, paraph to manufacture was...ie microwave, matches, acetone, tin foil, batteries, muratic acid. ect) i go through proceedings and come time for prelim. DA says my co-def. plead down from manufacturing to intent to manufacture. i said i didnt want to, da said all she had to do was drop charges and name me on indictment. PubDef advised me to take deal. i did in the begining of 2006.
Now its October of 2007, i read that Tennessee has a general rule of 6-8 months from date of arrest to have a trial. now i am facing intent to manufacture, possession of drug paraph, promoting the manufacturing of meth, and unlawful possession of a weapon (with intent to use in a criminal act) and i need to know since i was set for trial in august of 2006, and that was delayed resulting in a year delay, (and now within the last year procecutions "eye-Witness" doesnt remember making statements that i commited the offenses, and the police officer JUST last week remembered me confessing to everything {no record of ANY confession, no record prior to august 25th 2007 of a confession}) i want to know if this has a chance at a speedy trial violation motion. i've been so stressed by all of this i now have very bad anxiety. every time i get a job, i can only keep it for about 2-3 weeks because i have to take off 3-4 days to go to court (i have been going almost every month for 2 years {court is in TN and i live in PA}) i had to move home with my folks because i cant sign a lease for any extended time due to court, i cant even sign any phone or tv contracts for service because if i go to court and the judge is in a bad mood i could be locked up. (he has done this several times infront of me. because people use yea, uhhh-umm i dont know's) i really would like to get some input before i go back to court the end of october. and i am afraid the stress of wondering if this has any weight as to a speedy trial motion may be a false hope. |
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#2 |
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i don't think that would work but call the PD and ask them to inform you if it will work or not--and maybe get a second opinion by paying a local lawyer a few hundred bucks to review the file with you.
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#3 |
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Posts: n/a
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Re: Drug Charges and speedy trial, any input
I do have a lawyer now. My first day in Criminal Court, the judge stated that anyone out on bail could not have a public defender, "Because if you have enough money to get out on bail, You have enough for a lawyer. You dont need to waste anymore of the taxpayers money" so i had to scrounge up $2,000 for a lawyer, but he doesnt seem to be giving me any straight answers. i dont know if its because we're in different states or what.
i am more confused about what to do. now supposively on top of the "eye witness" not remembering making statements, The cop "Suddenly Remembering" a confession that never happened and was never documented. Now the DA is bringing in my co-defendent who took a plea bargain. the day she took the plea she told the same judge i am going before, that she doesnt remember anything that happened. now technically doesnt that count as perjury if she states otherwise. since she already answered in open court, as part of accepting a plea, that she doesnt remember? |
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