Need some Legel advice and some help!

tucker88

New Member
People I am in a jam and need some knowledge, I am about to go to trial for some serious bullshit. Pleas read my story and tell me something, This story is 100% true. Time is running out for me.


MY STORY

My name is Calvin D Higdon; I am a disabled Veteran 63 years old. I live on a Viet Nam war-time pension (fixed income). I live in Adams County Indiana. I am a lifetime member of the DAV.
On June 6th of this year I had a person staying with me that would have been homeless. I had known this person over 30 years.
This person was released from prison in January this year and had no place to live and she was on parole. I gave her a place to stay as long as she did not break any laws or cause me trouble and help me around the house and help me drive. I even paid her.

On June 6th 2014 I asked her to leave my home because she was shoplifting from the local stores and taking my medications. She begin loading up belongings that belonged to me. I called 911 for some kind of assistance to have her removed.

The police arrived all I asked was for them to remove her, and while she was moving she told them I had some marijuana in my kitchen. I was not a-where of this what-so-ever. I was handcuffed and taken to jail. My house was searched where she told them it was located. After she told them there was pot and where it was located they begin searching for the marijuana. I was told not to move and I was not free to move about my house. I was questioned and my rights were not read until 1 hr after I was taken to jail. I have been charged with a class D felony for possession. This was an illegal search and seizure if there ever was one.

I have been given a court appointed Attorney and since June I have asked this Attorney to file motions and begin to fight. I begin to do a search on this Attorney and have found out he was suspended for doing some bad things by the Indiana judiciary committee and he is very incompetent. He seems to be working for the prosecutor instead of doing his job

In the mean time this person (still being homeless) and on parole came back to stay with me I just couldn't let somebody starve and be homeless if I could help, I also wanted her around to tell the truth which she has. I know this sounds crazy but I told her to tell the police the truth. She signed a notarized statement that said she was mad at me (enclosed) and the pot was hers she also said she never gave anybody permission to search my house or anything. I have these statements also written by her in her own handwriting which is also notarized.

Next I went to this Attorney and showed him her statements, I then took her to court to speak to this Attorney where she told him the marijuana was hers and she was sorry, she told him she would testify to these facts even though it meant going back to prison on a parole violation she just wanted to set the record straight. This Attorney said he needed to do a deposition on her and she agreed she would. He then told me he would talk to the Prosecutor and see if she would maybe drop charges he does not return any phone calls or answer any e-mails.



The Prosecutor offered me pleas bargain if I pleaded guilty I would be sentenced to 3 years in prison for less then an ounce of pot. That is a death sentience.
I fired this attorney and was given another, this one is not much better. He has done nothing and I have sent him several registered letters and many e-mails asking for him to do something to defend me. Now remember the Judge has told me I am not allowed to file any motions in this court. I can't see how a judge can tell a defendant that he is not allowed to take part in his own defense in any way.
March 4th is the dead line for pretrial motions to be filed and the trial is in April.
I have asked this Attorney over and over to do depositions on the 2 cops and the other states witness that told them where the pot was hidden. My constitutional rights have been violated and it was an illegal search and seizure. All he has to do is the deposition and file the right motions but he does nothing. I am at a loss. I can't pay for a Attorney and I can't file any motions in my defense and the time will run out soon, I need some advice how would any of you handle this? Please let me know as I am desperate. Please give me some ideas what I can do!
If I am convicted I lose my pension my home and my car, in other words everything I own.
I have congestive heart failure and many other things medically wrong with me. I take 23 pills a day, I would be dead with 1 month in jail.
 
My advice to you would be to start calling on local attorneys that are willing to take on your case. And not to seek legal advice on the internet.. Believe me I am not trying to be a smart ass. Do you have a NORML chapter where you live ? Maybe they could help direct you to an attorney. Good luck sir and Thank you for your service to our country.
 
No attorney would do anything. Normal is the same, they are in it for the money and i have spoken to many, thank you for your service is the best I have gotten from anybody. not to be funny but that's a fact, When we came home we were called baby killers and I can assure you not 1 Veteran has forgotten that. Thank you for your advice.
 
You're a bigger man then I letting her back in, I'll say that.

I'm no lawyer, but I think once they are in the house all bets are off in terms of search and seizure. I think once she let them in, they were covered. But again, I'm just some guy who watched a lot a magnum pi as a kid.


I am curious how they could take your pension, feckers. You earned that, unless it's some trumped up felony charge.

Good luck to you, sir. And thank you for your service.
 
This is awful, all I can think is it is your word, a veterans, versus the word of an ex convict. But the drugs were still in your home. You have to fight that you were unaware of the location of the marijuana. And then you need to rely on your lawyer to push that the only evidence to suggest that anyone knew about the marijuana was the ex convict telling them where to look, which leads to probable doubt on whether you actually knew about it or not, it is the jury decision on whether they can say beyond all reasonable doubt that you knew the location of the marijuana. If the officers didn't even let you walk about the house to testify to your reaction when they searched a particular area. they may have nothing aside from finding it, and if it comes to deciding who's it is, its going to suck because it was in your house. But if your lawyer can keep pushing that you were unaware, without more solid evidence, the ex convict should cast enough doubt to force the jury to say our innocent until proven otherwise.

If you take a blood test and prove you have no marijuana in your system, and the ex con refuses a blood test, that may cause more doubt.

I hope this helps, you need to cast so much doubt as to whether your guilty or not that they can't say for certain your guilty beyond all reasonable doubt.
 
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