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CRUISING for SEX - View Single Post - fighting lewd conduct charge
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Old 9th July 2005, 04:00 PM
ScruffyCub's Avatar
ScruffyCub
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Join Date: Mar 2003
Posts: 400

What Sam describes with regard to the probation possibilities is well worth consideration -- so you need to find out WHAT kind of probation you'd be faced with if you were to accept that as part of a plea.

In my case, I was falsely accused of possession of HEROIN -- the cops did this on purpose, just to be rotten. I had poppers -- and they said they were "liquid heroin," which was patently absurd.

Long story short: ALL charges were dropped on that one because obviously when the state tested the poppers they found they were NOT, in fact, "liquid heroin."

However, it took them SIX MONTHS to do this, during which my life was a living hell -- I thought I was facing a felony conviction. It got to the point where I wondered if the cops who wrote up the bogus charge might actually have PUT heroin into the popper bottle. Thankfully that was not the case, but I think I had good cause to wonder.

During the time I had to wait, the court sent me letters telling me that I could go to "drug court" and be tested on a weekly basis for a year -- and go to rehab.

Since I have no drug addiction problems and was NOT in possession of heroin, my attorney told me NOT to accept these offers: "Throw the letters away," he said.

The letters offered a SEALED record pending completion of "drug court" and rehab -- and the promised no jail time as part of the bargain.

There were days when NO JAIL TIME sounded good, even though I was innocent. I even told my attorney that since I could easily pass a drug test and fake rehab, maybe this was a good idea after all. He STRONGLY disagreed.

I mention this because this MAY be part of the reason why your attorney is offering advice that you are unsure of at this time. He may not like the conditions of the probation that are being offered to you and is holding out for a better deal.

If that is the case, you NEED TO KNOW.

USUALLY an attorney will hold out if he believes he CAN get a better deal. Most attorneys will NOT put their client at risk for a stiffer sentence based on THEIR stubbornness.

Also, sometimes stringing a DA along with the THREAT of trial ultimately leads to the DA giving a better deal -- but this tactic can backfire and the DA can WITHDRAW ALL DEALS anytime he wants if he feels YOUR attorney is being unreasonable.

So this is why you MUST ask questions and get some logical answers from your lawyer, OK? You have a right to know his motives and what he hopes to gain for YOU.

Continued wishes for a good outcome here.

Let us know what happens.
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