Popped..Attempted Possession For Sale

[surf_lost]

So, yeah, trouble with the law again. I have lurked around this forum for a long time, but never really posted. I figure I should share my recent LE story so maybe someone gets something out of it.

I get a call a few months ago from a guy I slam dope with from time to time. He is no friend, just a junkie in crime. We shoot the shit for a couple minutes and then he says "I came up on some Oxy, I'll let you have them for 15 bucks a pill." Instantly I know something is fishy, so I tell him "I'm fine, but I will keep it in mind." My 'felon sense' took over, because any other time I would have jumped at a price like that.

Anyways, about a week later this guy just shows up at my house out of the blue. We talk dope, have a laugh, drink a beer, and then he takes off. At no time did we use, even though he pressed the issue with Oxycontin. Two hours later I jump in my car and drive off...Yeah, you probably know what's next. About 2 seconds later I have a convoy of cop cars surrounding me with guns a pointin'. A felony traffic stop, face first in the street, knee in my back, gun point blank digging in my skull while about 20 people that live on my street point and stare. The rough me up a bit, throw me in the back of a cruiser and drive me off.

I'll spare the details of booking--but I was roughed up by a damn jailor that looked about 21, was maybe 5'4" 130 pounds. He stopped after I told him that "I would find him on the fucking street and make things right." The detective threatened another felony for "terrorist threats" but never got around to it because he was building a much bigger case!

Yeah, when I finally got dragged out of the holding cell to an interroation room I got the hard sell. "The charges depend on if you work with me or not." My response was the typical "fuck you. book me, give me a phone call, and set the fucking bail." This went back and forth for about 30 minutes....his part was trying to scare me, and my part was filling the room with four letter words. Once he realized I wouldn't turn snitch the charge came: Attempted Possession For Sale.

My instincts were right: the guy I knew had been busted so he turned snitch to work off the charges. I wasn't worried about this because they had nothing on me. The guy was wearing a wire, the texts we had sent over the week were all saved (nothing indicating I was looking to score). So, actually, I was looking forward to my court date to put this behind me.

8 court dates later and I still have the charge. During a discovery I called the detective to the stand. This was a 3 day process---he was on the stand the entire time. Pretty much 90 percent of what he said was a lie. This guy had been a detective for 6 months, had 14 drug arrests--all were "possession for sale". Not a single one was simple possession. Several times he was caught on the stand contradicting himself/lying with the judge having to severely reprimand him.

At the conclusion of this the judge gives her ruling. I'm thinking it is a foregone conclusion that all charges will be dropped. NOPE. The judge says "in 35 years of working on the bench I have never seen a case with more flimsy, circumstancial, and downright questionable evidence and witness testimony. Detective, I have serious concerns about your methods. For public safety I am not going to drop the charges, but I have serious doubts they will hold up after ______ (some legal procedure where my attorney petitions the trial judge to have charges dropped....don't remember the name). Guess what? That didn't work either!

As of today I am staring at these outcomes: 1.) Plead guilty to the "For Sale" charge and do 6 monhts in county. 2.)Trial. If I go to trial and lose I will do at least 3 years in prison. 3.) Trial and win. Then I could walk out and go find the 21 year old jailor. 4.) Charges are dropped to "Attempted Possession of a Controlled Substance". That's about a 50/50 thing. .With that is the typical: drug program and 3 years felony probation. And that's it! It's either go to trial and win, or accept a plea (if it comes).

I have been off probation for several years--caught a felony when I was 16 that was handled in adult court (so none of the perks of juvenile court). Luckily I am not getting hit with that beautiful minimum 1 year for having the prior F. That and not being charged in Federal Court (which they pressed for) are the only positives.

What irritates me more than anything is the way you are punished for not accepting the plea. If I lose in trial the sentence is just so ridiculous.

Well, that's it. Figure I'd get this shit off my chest and remind everyone that once the fuckers arrest you (whether you did anything or not) you are just fucked. What would you do: trial, accept a lesser charge? Not that I'll follow what you say, just curious I guess. Ah, man, for some reason sharing with complete strangers makes me feel way better.

After writing this I am leaning towards trial. The prospect of going back to prison isn't a good one. I was sent at 17, so it would obviously be a lot easier now that I am in my late 20's. The bitch of prison (besides it being prison) is that when I was locked up before I caugh charges behind jail for assault on an inmate (2 times) and assault on an officer (1 time). So, my classification is high and instantly sends me to a level 3/4 yard. Not where you want to be in the CDC.

Oh, my previous case that sent me to prison was robbery and fraud. Mainly it was some stupid online scheme where I was getting cash/credit cards...the figure that I stole was in the six figures, so it was really fucked up. That and a couple of burglaries...just lucky again that they didn't go federal. I had straightened up, if you ignore my occasional hankering for smack.

Take it easy and stay clear of Coastal Orange County

[ndoftaworld]

Wow.

GL, and whatever u choose... forget the jailer and find that fucking dealer!! Make him SQUEAL for him choosing to squeal, know what I mean...?

Nd

[antigonemuse]

if everything you say is true... get a good laywer, and a transcript of this hearing and bring it to trial. Then when you get off the charges (hehe) slap some civil charges on the detective.

its worth the money for a good lawyer, as i do not think a public defender will delve as deeply for you. also, i would look up some of this officers previous court cases. these should be a part os public records. it is all supporting evidence in your favor if he has a history crafty elaboration.

what ever helps you... just keep positive. and it woudnt hurt your lawyer to get the scum bag who tryed to bring you down to testify as to his motives for involving you. This in itself may win you case, as him lieing under oath on top of being a convicted criminal could add some doubt as you your role in the "charge" to begin with.

good luck.

From what you said, the judge was appualed anyhow, so i do not think he would send you to trial if he thought you would be on the losing end. It sound more like he is trying to get you some rough justice. Which in he long run may give you the chance to file that civil suit aganist the detective.

ahh buearchracy

[Coddfish]

how you keep your sanity is beyond me. it's fucked up, that's all i can think to say about it.

good luck.

[clinton]

its great that the judged realized that the case was a fraud but instead of doing his/her job
took the officers side and was instead hoping you'd get off on a technicality....
bullshit.
is your lawyer friends with the detective?
hire a real lawyer...they are trying to roll on you....
speak up, this is fucked

[Nate]

Pathetic ass snitches, they will get theres one day...

Best of luck man, I hope it works out for you!

[pippin]

Fuckin A!! AHHH FUCK FUCK FUCK! I'm sorry that's my only reasonable reply to this. Shit like this is where some people might as well take the constitution and wipe their fuckin ass with it. And the judge should be disbarred. In the name of public safety? Well, in the name of public safety she should have declared a mistrial and had the detective charged with purgery, which IS a federal crime. Fuckin assholes.

[Poppylvr]

What irritates me more than anything is the way you are punished for not accepting the plea. If I lose in trial the sentence is just so ridiculous.

Well, that's it. Figure I'd get this shit off my chest and remind everyone that once the fuckers arrest you (whether you did anything or not) you are just fucked. What would you do: trial, accept a lesser charge? Not that I'll follow what you say, just curious I guess. Ah, man, for some reason sharing with complete strangers makes me feel way better.

After writing this I am leaning towards trial.
Take it easy and stay clear of Coastal Orange County
surf_lost, that is FUCKED!
I too would lean towards the trial.
How is your attorney? Worth his/her cost? I'd want a kick ass legal rep with me. I would not chose the plea deal because you did not solicit for drugs.
And I too would ignore the punk jailer and kick some serious snitch ass (well, I the Grandma prolly would not kick his ass :D seeing as I'm a gradma & all - but I'd ask some burly friends to do it you know what I mean?)
Good luck dude, Please keep us posted. I'm sending my fellow felon good vibes your way for an acquital at trial.

[pippin]

popplvr... just cause you're a grandma doesn't mean you can't kick ass. My nona could kick anyones ass.. and now my moms a gma, and ooohh.. she could kill someone with her bare hands if they asked hard enough. lol.. so by all means poppylvr... kick ass as much as you want ;)

[Poppylvr]

popplvr... just cause you're a grandma doesn't mean you can't kick ass. My nona could kick anyones ass.. and now my moms a gma, and ooohh.. she could kill someone with her bare hands if they asked hard enough. lol.. so by all means poppylvr... kick ass as much as you want ;)
Thanks pippin :D. I'm afraid I really am a weak sister these days. But I know lots of BURLY DUDES, thank God!

[Raz]

My 2 cents mate is this;; they are testing your metal bro...They are hoping you wont have the guts to take it to trial...

I say go for trial...And i reckon any prosecuting attorney with a brain wont want to continue the case and the charges will eventually be dropped....
And remember Trials are all about manipulating juries,nothing more...Do you think this cunt of a cozzer is capable of makin a jury like him/believe him?...
I say show them your metal and take it to trial.....But thats just me.And i'm crazy........

[nick]

If you have any faith in your lawyer.......go to trial and for christsakes,leave the jailer and your "friend" alone.Remember,the gig is staying OUT OF JAIL.

Much luck.

[frankie]

like the other posters said get yourself a good lawyer as it is worth the money, I would leave the rat alone as staying out of jail is your main priority. All i can say is much luck to you...

[Papa Verine]

I must have missed something here...

What the fuck did you do?

According to your story, the guy tried to sell you some Oxy's and you turned him down. You "shoot the shit for a minute and the guy left". What exactly did you do that broke the law? I understand what the charge is, but what in your actions constitutes "Attempted possesion for sale"???

Did you leave something out of your story?

[405FREEWAY]

Yeah man, this is fucking straight bullshit. "ATTEMPTED POSSESSION FOR SALE" What the fuck is this? is this a fucking joke? What is the criminal justice system coming to. I mean i have had some ridiculous " conspiracy" charges thrown my way, that were just made up, and this reminds me of those. The actual charge has one key word in it, " attempted" which means nothing actually went down. I would feel strongly that a good lawyer, would clearly explain this. But it's a gamble, i feel ya. 3 years vs. 6 months vs. walk free. It's a real fucking gamble, and not for money people, this is a gamble for your life......
You are in cali ? right? i dont know what city you are in, but in most major cali cities, the drug courts giving you a break and the chance of getting charges dropped are pretty high. Especially with no evidence, or actual crime. I would beg, borrow and steal to get my self a good lawyer and fight this shit.

[eerased]

Any lawyer with half a brain could get this tossed right out the window! Spend the money get a decent lawyer GO TO TRIAL..

Get off

Spend the money get a big fuckiing bat and beat that guy senseless!

[jdub]

I agree you should take it to trial but like Papa V I want to know where you attempted to possess anything. Are the snitch/ detective completely fabricating a convo or did you say ANYTHING that may support the charge?

[Tea Time]

My 2 cents mate is this;; they are testing your metal bro...They are hoping you wont have the guts to take it to trial...

I say go for trial...And i reckon any prosecuting attorney with a brain wont want to continue the case and the charges will eventually be dropped....
And remember Trials are all about manipulating juries,nothing more...Do you think this cunt of a cozzer is capable of makin a jury like him/believe him?...
I say show them your metal and take it to trial.....But thats just me.And i'm crazy........

I completely agree with Raz on this. They know that they don't have a case and they are trying to manipulate you to get you to plead to the "lesser" charge.

About two years ago the same thing happened to my little brother. The charges weren't the same, but everything else was almost identical.

Long story short, my brother (who was 18 at the time) and his friend went into a store and they were both going to steal a radar detector to pawn for cash. They both took the radar detectors out of the package and put them in their pockets. Apparently a manager saw what they did and called the police. When the police arrived, they came into the store and approached my brother and his friend while they were walking around. The cop asked if they had any merchandise in their pockets and they openly admitted that they did. The cop then handcuffed them both and searched them - pulling out the radar detectors. He then told my brother and his friend that they were going to be arrested for theft over $50 which is a class b misdemeanor. My brother started talking shit and telling him that he hadn't technically stolen anything. In the state of texas, you have to bypass all points of sale and exit the building before a theft has actually occurred. The officer was being a dick to them and said that "he knew the law better than them" and that they needed to "shut up or they'd be in REAL trouble.

Skip all the way ahead to his court date. The same type of thing happened where my brother's public defender tore the case to shreds because of all of the shit that the cop did wrong. So the judge gave an extension until two weeks later. During this time until the next court date, the ADA called my brother to have a meeting. He was still in jail so she met with him at the jail but did not contact my brother's attorney or inform him of the meeting. My brother asked if he needed to call his attorney and the ADA told him that he didn't really need to call the attorney because it would be a quick meeting.

During the meeting, the ADA gave the same options that you got: plead no contest to the "theft over $50 charge and spend 60 days in jail, plead to a lesser charge of "attempted theft over $50" and be released after 30 days (which is was a total of 45: 30 days plus the 15 that he had already served), or go to trial to fight the charge. But she told him that if he went to trial to fight the charge and lost, she would seek the maximum penalty, which for theft over $50 is up to 180 days in jail and a $5000 fine.

This was really shitty and unethical as my brother really didn't know what his options were or what he should have done and he didn't get to speak to his lawyer. She also told him that he wouldn't get ever get a better deal than what he was being offered now. So he pled to the "lesser" charge of attempted theft over $50 and spent another 30 days in jail. And because he signed the paperwork, there was nothing that his lawyer could do when he found out.

As I mentioned, the charge was complete bullshit anyway. So the ADA tried to do the exact same thing to my brother's 19 year old friend. He told her to fuck off and that he was going to trial because he hadn't committed a crime. Two days later, the district attorney's officer dropped his charges and he was released while my brother sat in jail for 28 more days.

Unless you left something out, I'm pretty sure that this is the same exact thing happening in your situation. They don't have a solid-enough case to go to trial and win with, so they are trying to manipulate and trick you into pleading guilty of either the initial crime you were charged with and get a minimal sentence or pleading guilty to a "lesser" charge and getting a short sentence instead of trying to take the case to trial - because they know that it is pretty likely that they will get their ass kicked all over the court room if it gets taken to trial. Threatening to seek the maximum penalty if you lose at trial is just a scare-tactic to scare you into pleading guilty to either the intial charge or the "lesser" charge so that they don't have to take it to trial.

If you get a good lawyer and tell them that you are taking the case to trial to fight the charge, chances are they will probably dismiss the charge outright, or at the very least give you a significantly better deal than what they offered you already. The one thing that they don't want to do is have the case go to trial where your lawyer will call that shady-ass detective up to the stand. With what you have said about him, the district attorney's office knows that your lawyer will have an easy time completely discrediting the detective and the informant. If they take it to trial and your lawyer discredits the snitch and the detective, it will likely damage any other cases that the detective has worked on, including any cases that are pending or awaiting trial right now. The same goes for the snitch. If he is discredited, it will damage any case that he was/is a witness and informant.

I definitely think you should find a quality lawyer for your trial. It will be well worth the money in the long-run. Think of it as an investment in your future. If you obtain a good lawyer and win the trial, you will avoid spending prison time and it will prevent you from being labeled a felon. This will make the rest of your life a whole lot easier...

Let us know how it goes. Take care and good luck,

TT

[ndoftaworld]

^^ Reminds me of a guy @ work.

For 4 weeks straight, on every weekend, he comes in, gets over $300 of beer in his shopping cart, and tries to walk out the front doors. He's tried all of the exits, one twice, and gets stopped each time asking for a receipt. "OH! I gave it to my brother on accident, it's in the truck..." and tries to keep going. They stop the cart and say he can have it when he shows the receipt. he walks out, gets in his truck and drives off.

Like TT said, because he doesn't actually get OUTSIDE, they can't legally touch him, and he knows it. He's got balls of steel tho, trying it over and over again. Now, his picture is plastered everywhere, and if he ever comes in to actually shop, he'll be followed around.

Stupid people... to the OP, get a good lawyer, choose Trial, and sue for malicious prosecution if they continue. If ur telling the truth and the WHOLE truth to us, it'll either be dropped or the county/state will definitely make itself a liability.

GL,

Nd

[rockbottom]

they got me for "criminal attempt to posses a controlled substance" no money or drugs changed hands fought the case for 4 months--while in jail---right on my case file were written the words "should be dismissed" they wanted to pospone it another month so i said "what do i have to plead guilty to to get out today" they gave me possesion of marijuana---there was no MJ this was a cocaine case. i took the deal just to get out--can't tell u what to do but deals get better and better the closer you get to trial unless u have a good lawer the chips are against you...if you have a good lawer he should be able to get it dismissed......my x girlfriend got busted for suspision of possesion--what the fuck is that---i think u have something? beat that case with a lawyer any way GOOD LUCK:cool:

[Pantopon Pete]

I'm with papa v- I must be missing something. I don't see any arrestable offenses in your original post. If the snitch came wired for sound trying to get you to buy pills twice, and you turned him down both times, what did they arrest you for when you were pulled over? I'm confused. If there was no controlled substance, there's nothing for them to prosecute, right?

[clinton]

rockbottom care to explain how you got popped?
How is this charge even legal? I guess lack of legality never stopped the police before......
it seems to me that the police save this fucked up charge for special circumstances:
Circumstances meaning , ignorant, poor , uneducated or desperate "criminals", I wonder if people are sitting in prison as I type all because they were found guilty of this charge...
baffles me honestly

[SurfRat]

......my x girlfriend got busted for suspision of possesion--what the fuck is that---i think u have something? beat that case with a lawyer any way GOOD LUCK:cool:


The first time I heard "attempted to buy" or something to that affect and now I am reading "attempted possession for sale" and "suspicion of possession." I notice all of the "attempted" type charges are here in California. I don't know what the politics are behind this, but it is all too senseless and cowardly, what is the deal with California?

These kinds of charges are wrong for so many reasons.

And the thing is good lawyers cost money, and your rights and such are all too often worth about as much as you can pay for them.


I think the advice esp. from those who have experienced similar here in CA... But it is not an easy decision.

I hope it works out ok for you.

[clinton]

http://www.oag.state.tx.us/opinions/opinions/46white/op/1980/pdf/MW0167.pdf



read this .....
you intend to buy drugs,but its more than simply arranging a meeting?.... fail to get drugs but still get charged for setting up a deal?
how do they know your intent was to buy drugs?

[SurfRat]

http://www.oag.state.tx.us/opinions/opinions/46white/op/1980/pdf/MW0167.pdf



read this .....
you intend to buy drugs,but its more than simply arranging a meeting?.... fail to get drugs but still get charged for setting up a deal?
how do they know your intent was to buy drugs?


If I read that right it means that in Texas there can be no such thing as "criminal intent" to buy marijuana
and this is as it should be.

Not sure how or why CA decided to start in with these kinds of laws.

[upstate_007]

I was charged with something similar once. I was in possession of 5 sheets of fake LSD and ended up getting arrested for that and a whole bunch more. I had bought the sheets the day before and had them in my car because I was taking them with me in hopes of shoving them down the fucks throat that sold them to me. I was not able to catch up with him and thus still had them in my car on my way home.

Before the sheets were tested I was charged with possession with intent to sell (I can't remember the exact wording). When they tested as not being anything other than blotter paper the charge changed to something along the lines of attempted possession with intent to sell. The DA reasoned that I thought they were real and intended to sell them. It eventually got dropped because I had a fucking awesome lawyer.

I sort of understood my charge, even though I thought it was bullshit. I don't see how the OP got such a charge without purchasing, possessing or even agreeing to purchase or sell anything. There is either some missing info here or acquiring a decent lawyer should make it all better in a heartbeat.

[rockbottom]

yeah my bust was i said "got a dime" to an undercover in a hot coke spot---they were also busting the brothers for selling almond chips as crack--not as serious as real crack but still lands u in jail--and the suspission of possesion charge my x got was laughed out of court-- but still had to post bail and get a laywer---another reason to hate the WAR on drugs and fucked up cops:cool:

[Xavier]

yeah no wonder california has the largest prison population in the country by far. sorry about the bullshit man, have no real advice except find the best lawyer you can afford if you havent done so already.

[drugsaregood]

Bro. As others have said, I would take it to trial NO DOUBT. Call their bluff..If it gets to a certain point, take the court transcripts, etc to the media\local news...Trials are expensive and the fact that they offered you plea deals, etc is indeed a positive thing. They don't want to be bothered to take shit to trial and prove your guilt. They want you to do their work for them, rather than them providing evidence, and actual proof of guilt..

If you were to get those dickhead detectives on the stand, and that fuck on stand, etc. No jury would give a guilty verdict. The fact that he was snitching hurts the state's case. (Not really a reliable witness, etc.)...

To be honest it sounds like entrapment too.

Your past charges...Were they related to bank of america gift cards? Just curious. :rolleyes:

[surf_lost]

Sorry about that, I didn't intend to do a "post and run." That next morning after I posted, I was put in jail. When I was initially arrested back in March I spent 3 days in Jail, and then I was released on OR. I just got really lucky (being released on OR), because they typically never do that in cases like mine. Luckily, it was right in the middle of all that talk here in Orange County--the sheriff was trying to scale back sentences (give people an extra 5-10 days off their sentences, because there were no beds left) while the DA was trying to block that. In the end, the Sheriff lost and the sentences weren't scaled back. Everyone still does a minimum of 66 percent of their time..there are NO exceptions.

When I went back to court that morning (day after I posted this initial message) the DA finally realised that I hadn't posted bail, so he requested that it either A.) Be posted, or B.) I be taken into custody. The bail amount was 25,000 dollars, so obviously I wasn't going to post that...I'm not going to flush away 2,500 bucks to cover the 10 percent. Anyways, my attorney yesterday was finally able to have it lowered to 10,000 during another pre-trial.

Yeah, thank god I had already went out on my own professionally 6 eeks ago, or I would have lost my job. I did lose two jobs though that I was doing (I do restaurant/bar/hotel) consulting. I'm going to read the posts and try to fill in the blanks.

Thank you everyone though...all the messages mean so much

[surf_lost]

I just read all the responses, and thanks, they really mean a lot. Reading a stranger who wrote "good luck", "that's fucked", etc, etc...surprisingly helps a lot. That's why these forums are really good, because of the support they provide. I certainly don't go into the details with my family...I just couldn't tell them all the details about what could happen as far as punishmet....and, fuck, this has to come off the chest.

The people that said "what are you leaving out" I understand. It doen't make sense to me either! If I read this I'd question the 'full story' too, because it really doesn't make a whole lot of sense. But, like I said, that's how it all went down. A lot of the "evidence" is just completely made up. It's a complete and total fabrication. The Detective just invented a story where and when it would benefit his case.

I was talking to, and hanging out with a known heroin user and part time dealer. I never bought from him, never used with him, or even showed him any drugs or paraphernalia. Even when they searched my person, car and house after I was thrown into the back of the police cruiser they didn't find a damn thing. They completely tore my house apart too. The best part was all of the things that were broken (probably 30-40 grand in damage). I had an original Banksy, several DFace and Adam Neate's, oh, and I had 3 short run banksy prints (his early runs where there were only 5-20 produced). They not only took all of my art out of the frames, but they decided to rip them in half. Yes, all of these pieces of art were taken out and ripped either in half or into several small pieces. WHO THE FUCK DOES SOMETHING LIKE THAT?

What else? Here is a good one---I had just installed new carpet in my bedroom and living room. Yeah, it was a really light cream color (almost white). For some odd reason their searching technique included taking both 2 liter bottles of soda out of my fridge and a newly open full bottle of Cabernet (were they thirsty and having a refreshment?). Well, they took them out of the fridge, brought it into the bed and living rooms and preceded to dump all 4 liters of soda and 750 ML's of red wine from wall to wall in both rooms. No, it wasn't just a little spill or splash, it was all 4750 ML's over the entire floor. Why would they do that? ha, why would they turn the bottle upside down and walk from wall to wall in both rooms...destroying pretty much every square inch of carpet. Sorry about getting off on this tangent, but I am so fucking furious about everything. I worked my ass off for so long to be able to buy that art...to be able to have this house. It isn't much, but it's a beach town and super expensive..I've had to work 2, sometimes 3 jobs just to be able to afford the mortgage.

Back to the point. I had nothing on me, nor did I make a single attempt to buy and/or use any drugs with their snitch. Looking back at the entire experience (that's pretty much all I have done) and I really can't think of a single thing I did that would generate any evidence. I think at some point I may have said "I'm not really interested in buying at this point, but you never know what can happen." That is about as bad as it ever got.

Oh, but the Detective, if you read his transcripts, it sounds like I was setting up the biggest drug deal of the century. He said that I told the CI that "I have to save up some money, or maybe have someone front the cash because I don't have it yet. I'm going to see some of my bro's in San Diego soon, and then I will take care of you." I did mention in my conversation with the snitch that "I'm probably going to San Diego in the next couple of weeks to party and visit some bro's." Somehow me visiting some of my friends in La Jolla was turned into me visiting major connections in San Ysidro/Tijuana. That San Diego is where I go to buy my supply and meet up with all of my suppliers. That I buy all of my heroin either in Mexico or after it crosses the border in San Diego. That even though it hasn't been witnessed, it is safe to assume that I traffic heroin over an international border. Under oath the detective said that "my actions remind him of those of the major mexican cartels, and that the only reason to drive 90 miles south to San Diego is to deal in very large quantities. He had to "arrest me right then and there, in the interest of public safety, because I was exhibiting the signs of someone that is planning a major drug buy. If they waited and tried to collect more evidence, it might be too late..and I would be out of his jurisidtion in San Diego or Mexico moving a very serious amount of drugs." Yeah, those were his exact words when he was on the stand..I'm reading the transcript right now.

It went on and on, with him making more and more shit up. There's nothing on tape, or in texts that I said that was incriminating at all. Conveniently, when I said all of these things that lead towards a SERIOUS multi-national drug trafficking organization the tape wasn't rolling, the voice mail didn't work, the texts weren't save, etc...

I am seriously leaning towards a trial...plealding guilt, and having a drug sales conviction on my record is something I will fight like a son of a bitch. And, yeah, I know how they are about the trying to scare you, the ridiculous threats, etc...But, there is a lot of truth to what they say. If you do take something like this to trial, turn down all the offers, etc...and they manage to get a conviction--you're screwed. If I'm found guilty I know that I am not going to get what the offered come sentencing. I will do prison time. I will do 3 years of state time. That's what makes it so difficult, that is why I still give the 'offers' some thought. If I was found guilty at trial and I knew that the sentence would only be 6 months in county (what their initial offer was for just pleading guilty to the crime) I would gladly take it to trial. I'd be there pushing the damn trial for tomorrow. But, having 3 years hanging over your head if you lose at trial, just sucks.

Oh, plus, like I said, it's also where I would be locked up in prison that bothers me. It would even be easier to fight and take it to trial if I would go off to a work camp, or typical level one prison yard. But, seriously, being a pretty white guy (haha...mom at least thinks i'm pretty) and knowing you're going back to a level 4 dorm, shit man, that's always gonna fuck with you. Seriously, I can think of no place worse than heading back to the level 4 yard at Salinas Valley. Oh wait, yes I can. They could send me back to the level 4 dorm at Corcoran...where I spent year 17 on this planet! Yeah, when you just turn 17 years old, there is probably no place worse than a dorm at Corcoran State Prison...right when it's in the middle of a massive, 3 month long race riot. In my dorm I saw 6 different stabbing in 2 weeks...3 murders..and usually 2-3 major riots a day...typically involving 10-100 guys. There were major problems between the whites and southern mexican when I was there. And, a dorm with 162 people, only 15 being white (130 being southern mexican) is not where you want to be when that's going off.

Ah, sorry for the rant, just getting shit off my chest. We'll see where this is going.

[nick]

Just remember that the more they mess with you.........the more worried about their care they are.

Make sure that you,your house and car are clean and look over your shoulder.

Much luck.

[Cherry's Jubilee]

I think someone mentioned involving the media earlier and after reading your last post I don't think that's a bad idea. It's all so severely fucked up and irrational and malicious--I mean, pouring red wine all over your brand new white carpet? What the fuck was the point of that? I think if it's possible for people to know the real story, the absurdity of it would become apparent and it would be clear that the "bad guy" is NOT you. Perhaps they would drop shit just to avoid severely embarrassing and discrediting the department.

[Papa Verine]

Well... FUCK!

That cop needs to be savagely tortured and murdered. No, I'm not overreacting. Imagine all the decent law-abiding people this PIG might be sending to prison, and all the failies and loved ones he can hurt doing that.

I just imagine how I'd feel if a cop lied and sent me to prison for something I didn't do, seperating me and my 5 year old daughter who love eachother very much... I'd take that extremely personal... and I'd be furious as fuck.

I hope that PIG gets what's coming to him...

[nick]

I think someone mentioned involving the media earlier and after reading your last post I don't think that's a bad idea. It's all so severely fucked up and irrational and malicious--I mean, pouring red wine all over your brand new white carpet? What the fuck was the point of that? I think if it's possible for people to know the real story, the absurdity of it would become apparent and it would be clear that the "bad guy" is NOT you. Perhaps they would drop shit just to avoid severely embarrassing and discrediting the department.

No,I think involving the media is a bad idea,unless you're prepared for all the potential consequences.You can't comtrol the media and the media spotlight will make it harder for the cops to back down.The only time to go to the media would be after you were convicted.

[bigNasty]

No,I think involving the media is a bad idea,unless you're prepared for all the potential consequences.You can't comtrol the media and the media spotlight will make it harder for the cops to back down.The only time to go to the media would be after you were convicted.
yeah i gotta agree with this. look at roman polanski case where the judge loved the publicity or the other documentary on HBO about a girl that got 20 yrs for 4.2 kilos of MJ. they might have given her less time but it was a media frenzy and they made an example out of her. Or think about how stupid the judge in the anna nicole smith case acted once the cameras were on him. the media could make it ALOT worse for you IMO

[Cherry's Jubilee]

No,I think involving the media is a bad idea,unless you're prepared for all the potential consequences.You can't comtrol the media and the media spotlight will make it harder for the cops to back down.The only time to go to the media would be after you were convicted.

Good point. And they could end up twisting it around to not work in your favor. Well don't do that but I still think the absurdity of it all would have to be apparent to any remotely logical people. Hopefully you'll have a few involved in the case. It scares the shit out of me that they can just make shit up like that.

[405FREEWAY]

Damn bro...... an original bansky is worth some REAL MONEY. That is a real LOSS, that i would not take lightly. That kinda shit can feed a raging habit for a year, or more like 3 months .......but still... damn.

Oh yeah, BIG nasty....I saw that HBO doc on " the ganja queen" That movie really gives you a scary feeling. Firing squad is in full effect... in bali for trafficking. that is no joke.

[rolln7s]

i had a similar case. just take the six, u will/can probably do an in house drug program and get out in 2-3. At least thats how it was in my county.....

[Raz]

Listen bro, i've eaten more porridge than goldilocks and the three bears and would ask you this one question?.....Why let this cunt fuck your head with his lies...He's lieing about you...So fuck him and take it to trial....

Did you take any photos of what they did to your house?.....Man you need to speak to somebody who knows the system...
Trust me, take it to trial...Your fighting for something important,why just give in to his lies?.....I guarentee you will not be found guilty,even if it gets to trial.Which i very much doubt it will....This fool is just thinking of his career and doesnt give a shit about ruining your life...There is no way you should just give in and plead guilty!!!.....NO FUCKIN WAY.....The dog is a lieing piece a shit, why the fuck let him ruining your life....

Plead guilty and your saying he's telling the truth..Ya gotta expose this jerk for what he is man....There is no way this fucker will win at trial.Thats why they are putting the pressure on you,hoping that you'll cave in!!!
Dont do it man,you;ll regret it for the rest of your life...Fight all the fuckin way and get speaking to someone who knows the system...I'm talking ex con.Not some shyster lawyer...Someone who knows about criminal trials and juries....I have had roughly 6 not guilty verdicts at trial man for some serious shit....Its all about manipulating juries mate,once they like you in the courtroom, no jury is gonna find you guilty, remember that.....Its the jury who decides whose guilty, no one else....Fight it man, fight it!!

[Coddfish]

No,I think involving the media is a bad idea,unless you're prepared for all the potential consequences.You can't comtrol the media and the media spotlight will make it harder for the cops to back down.The only time to go to the media would be after you were convicted.
the thing with waiting for a conviction is he loses credibility. if you sue the fuckers for 1mil, then this stuff becomes newsworthy for jo and jane q. but a conviction can screw it all up.

i don't know this for fact, but it seems logical: the shittier their evidence is, the more likely it is they try to scare a person into plea with ludacrous charges and vandalism.

protect and serve. hmmm.

[baysteve]

I'm so fucking furious reading this post...ACTION MUST BE TAKEN!!! WHEN IS ENOUGH ENOUGH? We seriously need to over throw the justice system...I just can't sit back and let another person get royally fucked that clearly is an upstanding citizen. Seriously, your actions "reminded me of the mexican cartel" are you kidding me? The government and LE are the biggest fucking traffickers of drugs on the planet..Type in "Sinaloa Cartel" in Google and check all the news articles that come up connecting them to Bank of America and Wachovia just too name a few..Sorry for the rant but this seriously has me pissed off.

[nick]

the thing with waiting for a conviction is he loses credibility. if you sue the fuckers for 1mil, then this stuff becomes newsworthy for jo and jane q. but a conviction can screw it all up.

i don't know this for fact, but it seems logical: the shittier their evidence is, the more likely it is they try to scare a person into plea with ludacrous charges and vandalism.

protect and serve. hmmm.

Bro trust me on this,less pretrial publicity gives more scope for the cops to drop this quietly.If he goes to the press,he will go to trial,probably be found guilty and will go to jail without passing go and collecting $200.

Best course of action(what I'd do) is find the best lawyer I could afford,keep my mouth shut and make sure it was very hard for them to bust me again.

Oh yes,I didn't spell this out earlier and it's important.BEWARE,if they have a poor case and they really want you,they will try hard to bust you again before the trial.Puts them in a much better position and they'll all get promoted and make more$$$$........You gotta love the drug war.

[mrnatural]

Oh yes,I didn't spell this out earlier and it's important.BEWARE,if they have a poor case and they really want you,they will try hard to bust you again before the trial.Puts them in a much better position and they'll all get promoted and make more$$$$........You gotta love the drug war.


^^^^^^^^^^This is very important! Anything they can get you for legitimately, prior to your day in court, puts whatever bullshit they said before in a much more believable light. Be aware of your surroundings.

[OxyContinuously]

my advice:

1) find a good-to-excellent lawyer

2) tell him or her everything that went down

3) take pictures of all the damage

4) get an appraisal from the broken goods (ie call a property appraisor)

5) go to trial

6) and for crying out loud, if applicable, dump all drugs and/or paraphernalia

7) don't involve the media b/c then you will be tried and convicted in the "court of public opinion" rather than in a court of law

good luck

[Black_Pony]

I agree with everyone else who said 'attempted possession for sale' is the worst horse shit charge in the history of persecuting junkies.

I hope your snitch dies slow.

[Poppylvr]

I agree with everyone else who said 'attempted possession for sale' is the worst horse shit charge in the history of persecuting junkies.

I hope your snitch dies slow. and painfully, of comething disgusting that alienates him from everyone he cares about.

[Opiyum]

The guy turns snitch and all they get is attempted possession for sale? They must be pissed. I don't understand most of this. The snitch didn't seem to do anything for them and your not turning so how is this building a case? I also dont understand how talking to someone about oxy's is attempted possession. None of this makes any sense but that is to be expected when it comes to the law.

[surf_lost]

Well, I told myself I would stay away from this forum, but I just couldn't. I had some weird notion that if I post here someone may use it against me, but I am over that fear. They didn't take my computer during the last search, so I really doubt they'll get another warrant to come back for it now. Hell, I'd just give it to them, if it would keep them from destroying what little I have left in my house.

I have been in court pretty much every day since I last posted. My final motion to have the case was a giant failure. Also, the offers they were making to settle were getting worse and worse, so off to trial I go. Luckily I was able to have it put off until mid-september. Yeah, that's another thing, over 25 court dates by now (and nothing was accomplished), I will probably end up losing my house. With the fines, my car being taken by the police (I won't be getting that back), massive attorney fees, and all the time I spent in jail(losing all but one of my work contracts) and in court, I think I am already out, hmmm.well over 100 K. Yeah, that includes what the detectives destroyed while searching my home which was definitely the majority of it. I'm not wealthy by any means, but I lived a comfortable enough life: car, house, money in the bank, some decent art, etc....But at the moment I have about 720 dollars to my name--not good when your mortgage is over 3 times that and you have lost all your contracts! Plus, attorney fees: even if I had a total hack defending me it would have added upto an obsene amount by now (28 days in court, several motions, several days of discovery)...ah, not to mention the cost of a trial that will probably last at least 7 days. Man, when you're down everyone and I mean everyone tries to stick it in you.

I would be pretty confident if I lived in any other county in this state, but a trial in Orange, in the most conservative section (Southern Coastal) of the most conservative county, it does worry me a bit. Realistically my odds look to be about 50:50, where if I was in San Fancisco or East bay, my odds would probably be about 90:10.

Oh, here is a sick story. While I was waiting in the hall last week for my attorney (this was after we filed a motion to have the case dropped and/or charge lowered) two of the DA's that have been handling the states case against me and the Detective that arrested me stepped into the hallway to talk. They didn't see me sitting there. So, basically it was just a nice little 5 minute round of grab ass and "lets talk shit on the poor sucker we're fucking up the ass." I hear the DA say to the Detective "you really didn't give me any evidence here.hahaha" and then his classic response "who cares, just offer him a deal and we'll both get felony convictions on our records..hahaha." She smiles and says "yeah, I'm not worried, we don't have anything on him, but that won't stop us getting either a guilty plea or a jury to send him WHERE HE BELONGS.. HAHAHA."

IS that the sickest most unreal fucking shit you have ever heard? I stood up, walked over to them and said "I'm glad my fucking life, and me being set up by a crooked pig is funny to all of youL." The detective looked he had just been punched in the stomach. The DA, she just smirked and in a nasty little smart ass tone said "you are not supposed to talk to me without your attorney present, I would advise you to follow that rule." And they walked away. I'm not a violent many any more, but at that exact moment I wanted to relive some of my more violent days.

And, of course, my counsel said the typical "ignore it, fuck them, we'll get them in the end. They're fucking cock-suckers and we'll ufuck them up in court.' Yeah, nice to hear that from my attorney, but I'm sure they all went down to Studio or Stonehill Tavern (two 4 star NY Times restaurants in my area) later that night for the 195 dollar per person tasting menu ON MY FUCKING COIN. Probably enjoyed a nic,e bottle of 82 bordeaux as well, why not, this asshole is buying.

It's just sick, mind your own business and something like this cn fucking happen. I'd be ten times happier if I would have just been caught slamming dope in public..I'd have got a felony, but I'd be halfway through PC-1000 by now, and a few months away from having in off my record. That and it only would have cost me about 2 grand TOTAL, instead of everything in my bank account, my car, my house, my art, my job, my sanity, my credit, and just about everything else.


Hopefully some people in here can get something out of it. I'm with you, a lawsuit would be great and I would love to get one going, but the chances of that ever happening, of me ever winning are so bad the saying "slim and none" would be overly optimisitc. Plus, honeslty, I'm not 19 anymore, I am pushing 30. At this point in my life I just don't want my personal shit splashed all over the newspapers and local news, and that would certainly happen if I went that route. Know what I mean? I just wouldn't want people I know, family that I'm not "that" closee with, employers, etc, etc...knowing that about my life--even if I'm as innocent as a person could possibly be.


Thanks Guys, loved coming back here and seeing all the messages.. It relly helps so, so much. Because I'm certainly not getting support anywhere else. I just need to start finding some positives, any positives. Then I can focus and give myself something to work for--hell, that should be easy, because I will be starting from scratch again. Broke, homeless, carless and jobless when this all plays out.

Surf

Ah, and sorry for not responding directly to anyone or for proof reading/spell checking this post. My contacts were driving me insane, so I had to take them out.....and for the life of me I can't find my glasses. When your vision is like mine, if you don't have your glasses or contacts--you can't even see the fucking screen, let alone the words you just typed on it.

[Mustelid]

Surf Lost, you are a true hero. When you fight them, and don't take the pleas they want, you fight for all of us.