My question involves criminal law for the state of: Michigan
Here's the charges and police report and all the information before I get to asking questions.
Possession of cocaine less then 25 grams
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The names were changed and personal information edited for privacy reasons.
About 2 years ago I was arrested for possession of vicodin and got the 74-11 deal which is code for 1st time offense and iif your good for a year you don't get a felony and it drops off your record. . And you can only use that one time so this time I have to take a different defense such as illegal search.
In the report there are alot if things that don't add up and makes me mad as if the officer lied. I was sleeping in my carafter chowing down. The police woke me up by opening the door and asked me to step out of the car I was just waking up and a little out of it because I was sleeping i closed my eyes for a minute waiting for my girlfriend to get back to me and sort of dozed off but I wasn't incoherent or confused and I wasn't under the influence or intoxicated and I don't believe I seemed intoxicated. as the report says the officer asked me to questions 1 was if I was drinking and I responded No the other question was if I was on any prescription medication and I responded NO I'm just tired. so answer the questions and was not incoherent as the report said. if i seemed intoxicated why didn't they do afield sobriety test? there was no field sobriety test done at all. If the police thought that I was intoxicated then they would have done a sobriety test and tried to charge me with driving under the influence. I feel like they put that in the report for there reason to search me. I am still waiting for the police video tape because the police officer after about 30 seconds of having me out of my vehicle the officer made a comment and said you seem like you're a little bit more awake and I said well yeah you guys just woke me up. the report said that I seem confused but when they ask me the questions I responded to all the questions. There was no confusion. they did not say what I was confused about. it would have been different if the report said I seemed confused because of such and such and I seemed incoherent because I couldn't answer a certain question or they would have had some explanation of why or what made me seem confused and incoherent. There was nothing backing up their statement. That's why I am upset because I was not intoxicated and I feel like they lied. There shouldn't of been any reas on for them to ask me to get out of my vehicle and search me. And the cocaine (which I understand even residue still counts as possession) was in a vial and the amount was barely anything just a little residue that was not even a lines worth. Street value would of been less then a dollar. I doubt I would of got 50 cents for it. It was considered empty in my opinion and I didn't know it was in my jacket pocket. I just got out of rehab 4 or 5 days prior. And I took a drug test 41 hours later to return to work for my leave of absence which was for opiate pain killer addiction. And I passed that drug test. When I entered rehab I never tested positive for cocaine. It was xanax, adderall, and opiates which were all prescriptions. I don't like cocaine I figured it was pill residue it was just a cool little container I found I could put my oxycodone or xanax in kinda little small vial.
Ok that's all the info I can come up with at the moment. It's hard to add all the details but I provided alot of information.
My main question is what is my best defense? I need to best this case. My lawyer wants to try illegal search. I like to do my own homework though. I feel there is some way to beat this case. I would appreciate with all my heart and for the rest if my life be grateful if someone could help out with a good strategy. I trust my lawyer but this is my life and I need to do my work as well I don't want there to be something he may miss. If we get a good video it will be awesome becausethe video will not match the claims of me being intoxicated. And they didn't even say follow the finger amd look at my eyes or walk a line or count backward nothing at all. They knew I wasn't intoxicated that's why they didn't nail me for driving under the influence of something because they knew I was sober. That's whay I think. Or else a blood test or the sobriety test because it would have killed their probable cause to search me under their reasons to search me.
Thanks for reading and thank you to anyone that tries to help from the bottom of my heart thank you. This is serious this is my life and my future so you are truly helping me enormously. I would mail you a check if u cracked this case and I felt u contributed to getting the felony dropped or illegal search.
Have a nice day thank you again. I need help badly
Here's the charges and police report and all the information before I get to asking questions.
Possession of cocaine less then 25 grams
[IMG]
[/IMG]The names were changed and personal information edited for privacy reasons.
About 2 years ago I was arrested for possession of vicodin and got the 74-11 deal which is code for 1st time offense and iif your good for a year you don't get a felony and it drops off your record. . And you can only use that one time so this time I have to take a different defense such as illegal search.
In the report there are alot if things that don't add up and makes me mad as if the officer lied. I was sleeping in my carafter chowing down. The police woke me up by opening the door and asked me to step out of the car I was just waking up and a little out of it because I was sleeping i closed my eyes for a minute waiting for my girlfriend to get back to me and sort of dozed off but I wasn't incoherent or confused and I wasn't under the influence or intoxicated and I don't believe I seemed intoxicated. as the report says the officer asked me to questions 1 was if I was drinking and I responded No the other question was if I was on any prescription medication and I responded NO I'm just tired. so answer the questions and was not incoherent as the report said. if i seemed intoxicated why didn't they do afield sobriety test? there was no field sobriety test done at all. If the police thought that I was intoxicated then they would have done a sobriety test and tried to charge me with driving under the influence. I feel like they put that in the report for there reason to search me. I am still waiting for the police video tape because the police officer after about 30 seconds of having me out of my vehicle the officer made a comment and said you seem like you're a little bit more awake and I said well yeah you guys just woke me up. the report said that I seem confused but when they ask me the questions I responded to all the questions. There was no confusion. they did not say what I was confused about. it would have been different if the report said I seemed confused because of such and such and I seemed incoherent because I couldn't answer a certain question or they would have had some explanation of why or what made me seem confused and incoherent. There was nothing backing up their statement. That's why I am upset because I was not intoxicated and I feel like they lied. There shouldn't of been any reas on for them to ask me to get out of my vehicle and search me. And the cocaine (which I understand even residue still counts as possession) was in a vial and the amount was barely anything just a little residue that was not even a lines worth. Street value would of been less then a dollar. I doubt I would of got 50 cents for it. It was considered empty in my opinion and I didn't know it was in my jacket pocket. I just got out of rehab 4 or 5 days prior. And I took a drug test 41 hours later to return to work for my leave of absence which was for opiate pain killer addiction. And I passed that drug test. When I entered rehab I never tested positive for cocaine. It was xanax, adderall, and opiates which were all prescriptions. I don't like cocaine I figured it was pill residue it was just a cool little container I found I could put my oxycodone or xanax in kinda little small vial.
Ok that's all the info I can come up with at the moment. It's hard to add all the details but I provided alot of information.
My main question is what is my best defense? I need to best this case. My lawyer wants to try illegal search. I like to do my own homework though. I feel there is some way to beat this case. I would appreciate with all my heart and for the rest if my life be grateful if someone could help out with a good strategy. I trust my lawyer but this is my life and I need to do my work as well I don't want there to be something he may miss. If we get a good video it will be awesome becausethe video will not match the claims of me being intoxicated. And they didn't even say follow the finger amd look at my eyes or walk a line or count backward nothing at all. They knew I wasn't intoxicated that's why they didn't nail me for driving under the influence of something because they knew I was sober. That's whay I think. Or else a blood test or the sobriety test because it would have killed their probable cause to search me under their reasons to search me.
Thanks for reading and thank you to anyone that tries to help from the bottom of my heart thank you. This is serious this is my life and my future so you are truly helping me enormously. I would mail you a check if u cracked this case and I felt u contributed to getting the felony dropped or illegal search.
Have a nice day thank you again. I need help badly
Drug Possession: Possession Cocaine-- Illegal Search Need
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