modifyd
New Member
hey everyone!!!
i need some advice on what kind of legal action to take, what to ask/tell my attourney. ok so heres the scoop...
last week i was pulled over for taking a left turn too short, as in a kind of cut the corner shallow but nothing that would have caused any trouble. well the cops pulled me over 2 houses away from my driveway. officer walks to my car and i hand him my license, 2 minutes later 4 more police show up.im told by the officer that pulled me over "i can smell weed and your going to need to you to get out of the car". all i was doing was coming home to give my mother her birthday card i got for her, and talk with my grandma because shes sick and not doing well...
..well i get pulled out and cuffed, car searched without my permission and without warrant... they find 52.5 grams of buds bagged ready for sale,with labels containing strain name,price,and weight,a grinder & one pipe. i obviously am going to jail since i live in minnesota and its still illegal here.
my charges are as fallows:
count 1 - 5th degree sale - marijuana mixture except small amount of marijuanawith no remuneration
- offence level - felony
- max sentence - 5 years prison/$10,000 fine
- minnesota statute - 152.025.1(a)(1) with referance to 152.025.2
count 2 - 5th degree- possess schedule 1234- not small amount marijuana
- offence level - felony
- max sentence - 5 years in prison/$10,000 fine
count 3 - possession of drug paraphernalia
-offence level - petty misdemeanor
- max sentence - $300 fine
- minnesota statute - 152.092
so those are my charges, this is my first offence since turning 18, im now 24. i spent 5 days in jail, was released today march 2, 2010 on ROR(release on recognazence) ..my phone and everything went to evidence, there are NO incoming text messages about marijuana.
now to the police report:
The report itself says i have been selling for a specific amount of time,5 months. this is a completely untrue statement as i said i have known my dealer for roughly 5 months... i was in the interview room for almost an hour and 30 minutes while my arresting officer typed up his report. the computer crashed right infront of us, lost everything so after sitting around for anouther half hour waiting for this problem to be fixed my arresting officer leaves, i kept asking for a phone call and was denied, as the officer said he would call back to the station when i could use the phone. an hour goes by as im being booked, printed, showered, tattooes and piercings documented the booking lady tells me that "the officer probly was not going to call back becuase he was off duty when he left" without ever writing my report at the station.i do not know if he typed it at home or if another officer did it. but i was takin to jail without my call and the booking lady said i should add that factor in my report for the judge.
The report also repeats the arresting officers name but spelled ONE letter incorrectly from what his name tag has it spelled as. badge number is also ONE number off from what was on his badge. i know because i was super stoned when i was arrested and i stared at his badge and name tag and memorized them. which leads me to believe some other officer typed up my report from an interview tape. the report states i admitted to NOT wearing a seatbelt. when i clearly was wearing it because he had to watch my hands as i unbuckled the seatbelt to get out of the car.
anyone with any EXPERT/EXPERIENCED advice as to what i should do with this case would be much appreciated..like what i should talk about with my attourney before my next court date.
thanks
-Tom-
i need some advice on what kind of legal action to take, what to ask/tell my attourney. ok so heres the scoop...
last week i was pulled over for taking a left turn too short, as in a kind of cut the corner shallow but nothing that would have caused any trouble. well the cops pulled me over 2 houses away from my driveway. officer walks to my car and i hand him my license, 2 minutes later 4 more police show up.im told by the officer that pulled me over "i can smell weed and your going to need to you to get out of the car". all i was doing was coming home to give my mother her birthday card i got for her, and talk with my grandma because shes sick and not doing well...
..well i get pulled out and cuffed, car searched without my permission and without warrant... they find 52.5 grams of buds bagged ready for sale,with labels containing strain name,price,and weight,a grinder & one pipe. i obviously am going to jail since i live in minnesota and its still illegal here.
my charges are as fallows:
count 1 - 5th degree sale - marijuana mixture except small amount of marijuanawith no remuneration
- offence level - felony
- max sentence - 5 years prison/$10,000 fine
- minnesota statute - 152.025.1(a)(1) with referance to 152.025.2
count 2 - 5th degree- possess schedule 1234- not small amount marijuana
- offence level - felony
- max sentence - 5 years in prison/$10,000 fine
count 3 - possession of drug paraphernalia
-offence level - petty misdemeanor
- max sentence - $300 fine
- minnesota statute - 152.092
so those are my charges, this is my first offence since turning 18, im now 24. i spent 5 days in jail, was released today march 2, 2010 on ROR(release on recognazence) ..my phone and everything went to evidence, there are NO incoming text messages about marijuana.
now to the police report:
The report itself says i have been selling for a specific amount of time,5 months. this is a completely untrue statement as i said i have known my dealer for roughly 5 months... i was in the interview room for almost an hour and 30 minutes while my arresting officer typed up his report. the computer crashed right infront of us, lost everything so after sitting around for anouther half hour waiting for this problem to be fixed my arresting officer leaves, i kept asking for a phone call and was denied, as the officer said he would call back to the station when i could use the phone. an hour goes by as im being booked, printed, showered, tattooes and piercings documented the booking lady tells me that "the officer probly was not going to call back becuase he was off duty when he left" without ever writing my report at the station.i do not know if he typed it at home or if another officer did it. but i was takin to jail without my call and the booking lady said i should add that factor in my report for the judge.
The report also repeats the arresting officers name but spelled ONE letter incorrectly from what his name tag has it spelled as. badge number is also ONE number off from what was on his badge. i know because i was super stoned when i was arrested and i stared at his badge and name tag and memorized them. which leads me to believe some other officer typed up my report from an interview tape. the report states i admitted to NOT wearing a seatbelt. when i clearly was wearing it because he had to watch my hands as i unbuckled the seatbelt to get out of the car.
anyone with any EXPERT/EXPERIENCED advice as to what i should do with this case would be much appreciated..like what i should talk about with my attourney before my next court date.
thanks
-Tom-
