Arrest, Search, Seizure, Warrant Possesion & D/C. ILLEGAL SEARCH X2. MUST READ.

[ruskibusiness]

This Sunday my friends climbed in my house through my balcony while I was in the shower (stupid idea). Someone saw this and reported a robbery. On our way out to breakfast two cops pulled in my driveway. They told me about the robbery call and asked for my ID which had my old address. They wanted to see something with my address on it, although I had my house and car keys with me. As I went inside to get paperwork a cop followed me. I asked him multiple times to wait outside, but he refused. He began looking around and found rolling papers, and a brand new pipe (never used). I bought it the day before and had reciepts. They took everything and gave me a disordly conduct charge. NOW THE CRAZY PART. The next morning I get woke up to police radio IN MY HOUSE. I looked out my bedroom and in my living room is a cop. He is standing over a table which now contains a used pipe, few grams, and a grinder. The cop told me that he got another robbery call because my basement door was wide open. He said he knocked, but I never heard it. Bottom line he came in my open door and went upstairs to find the marjuanna. I got a possesion charge on the spot. This just happend today so any suggestions would be greatly appreciated.

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[CdwJava]

This Sunday my friends climbed in my house through my balcony while I was in the shower (stupid idea). Someone saw this and reported a robbery.

Very reasonable under the circumstances.

On our way out to breakfast two cops pulled in my driveway. They told me about the robbery call and asked for my ID which had my old address. They wanted to see something with my address on it, although I had my house and car keys with me.

Had you been the crook, you could have gotten them from inside. They wanted to make SURE you were the rightful resident.

As I went inside to get paperwork a cop followed me. I asked him multiple times to wait outside, but he refused.

Of course! If you HAD been the thief, he would have been a FOOL to let you return inside without his presence! If you had been the thief, how would you have liked it if the police waited outside while the thief was allowed back inside to either escape, return the stolen goods, or steal more stuff!?

The cop told me that he got another robbery call because my basement door was wide open.

Your attorney should be able to verify this when/if it goes to court.

He said he knocked, but I never heard it.

Quite possible.

Bottom line he came in my open door and went upstairs to find the marjuanna. I got a possesion charge on the spot.

Consult an attorney ASAP. The entry could be entirely legal depending on all the circumstances.

- Carl