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  1. #1
    Join Date
    Oct 2010
    Posts
    9

    Default Wrongfully Charged With Drug Possession

    My question involves criminal law for the state of: ct
    I have a question about legal representation, I cannot afford an attorney, I was pulled over one night with my girlfriend (we don't know why) and was asked if they could search the car, we agreed, they found nothing, but my girlfriend (unbeknownst to me) had 3 (three) 1 mg. klonopin pills in her pocket,
    we were both arresested, (the state police even drew a gun on her), they brought us to the station, interrogated us trying to get names of drug dealers , we don't do any of that. my girlfriend was having a tough time because a friend died and thought the klonopin would help, police told us if we could give names of dealers all of this would go away. long story short, they charged us both with possession of a narcotic 21a-278(b, as well as intent to sell !!21a-278(b)
    this was all over 3 pills, I knew nothing of, yet I was charged too, and sell??? 3 pills???
    I need help, i'm terrified, we went to court I didn't get to talk to anyone the case was continued I didn't have the $25 fee. What should I do??? will a public defender help me and how can I get this thrown out I DIDN"T DO ANYTHING !!!! the police harrased me because i'm a musician and said, all musicians use drugs, I need help. please advise, point me in the right direction, thankyou

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Wrongfully Charged

    Calm down. So long as you qualify for the public defender one will be assigned to you. Explain everything that happened, and be honest about it.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,284

    Default Re: Wrongfully Charged

    I think the cops were just trying to scare either of you in to giving up someone higher up . Idk if the possession charge can get thrown out but I think the sale probably could and will get reduced to just possession with the help of a legal aide. Hopefully both of the charges should be dropped,just speak to the lawyer. Since it was a small amt your gf most likely can also get it dropped down to misdemeanor possession hopefully.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,704

    Default Re: Wrongfully Charged

    for you, all the charges should go away. They can't even claim constructive possession. The pills were in your gf's pocket. That is not considered to be within your control. The pills were clearly hers.

    for her: intent to sell? Can't see that with what you have said. Such a small quantity and nothing supporting you sell anything; shouldn't go far. Her possession charge; can't see that one going away.

    when you go to court, plead not guilty and ask for a PD.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,284

    Default Re: Wrongfully Charged

    Also for her maybe ct has some type of drug diversion to avoid a conviction.

  6. #6
    Join Date
    Oct 2010
    Posts
    9

    Default Re: Wrongfully Charged

    I beleive I have heard of accelarated rehab for 1x offenses, but will this remove the potential felony charge???? obviously neither of us wants a felony charge.
    I still can't belive I am facing this for being a passenger. The police knew they had nothing to charge me with I heard one say to the other, "what are you going to do about him"(meaning me) and the officer replied ,"**** it, charge him with the same thing"
    Unreal., I wish I could file some charges against them, my name was in the police logs as possession of a narcotic with intent to sell !! makes me look like a corner crack head,
    and from my research , klonopin is NOT a narcotic !! what are my rights???

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,784

    Default Re: Wrongfully Charged

    You mention Sec. 21a-278(b) twice; what is the other statute with which you're charged? Is this what the arresting officers wrote, or have you actually been arraigned on these charges - I wouldn't be surprised, if it's the former, if the prosecutor amends the charges.

    You can request court-appointed lawyer and discuss with your lawyer whether the traffic stop was valid and what defenses may arise from that, as well as your questions as to why you're charged with possession or what evidence supposedly exists of intent to deliver.

  8. #8
    Join Date
    Oct 2010
    Posts
    9

    Default Re: Wrongfully Charged

    Sorry i didn't notice that, the charges were 21a-279(a) and the 21a-278(b)
    possession of narcotic, and intent to sell. crazy .

    Oh ,and my case has been continued because I didn't have the 25$ on me for a public defender , so I had to apply for one , I am collecting unemployment at the moment .
    the courts website says awaiting plea, so as I said I go back to court and hopefully will be given a public defender. I still can't see where they came up with intent to sell when all there were was 3 pills in her pocket.

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