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Felony Possession First Offense but Only Received Citation

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  • 08-17-2010, 07:41 PM
    stigstig
    Felony Possession First Offense but Only Received Citation
    My question involves criminal law in: Georgia

    i was cought with a felony amount of marijuana along with intent to distribute, i was told if i was to cooperate i would get off with a misdemeanor possession. I made it easy on them and signed a consent to search, told them where i was hiding it and they wrote me the ticket. after i signed the consent to search BUT NOT BEFORE, they informed me i was to setup a "sting" to arrest someone with atleast the same amount I was caught with. While I will cooperate and provide them with as much information as possible I refuse to do a "sting" operation that involves a direct phone call from me, far too dangerous for myself and my reputation, i could not bring myself to do something dirty like that. It is two weeks later and I still have not gotten a call from the detective to do a "sting", although when he does I will explain that it is not possible for me to "sting" somebody. I obviously wont be telling him the same reasons I am telling you(more like I don't have anyone I can sting directly but I know alot of case-building info about friends of friends who are bad people(murderers)/hard drug traffickers/repeat offenders). Is it possible for them to flip all of this back onto me just because I can't set somebody up? I technically still will be cooperating, the people I have in mind are awful, awful people and deserve to be jailed for life if not the death penalty.

    The pretenses on which they got me to sign the consent were kind of "iffy" aswell. I was just walking to the store and they pulled me over(while walking) right infront of my apartment building. I didnt make it fifty yards out of the building before an unmarked car pulled infront of me asked to see my hands and asked me what I was doing out so late and proceeded to tell me I reeked of marijuana. I told them I did smoke occasionally but I had not on that specific day(this is true). I asked what the problem was and they said there had been car break ins and marijuana smell complaints in the complex and started asking more questions. I answered honestly for the most part. One of the narcs began to tell the others he thought i was an honest guy and he thought i was telling the truth. They then asked me DOB and full name, i gave it to them(was not carrying I.D on me). After searching me and looking around in the bushes pointlessly(i was not holding) they said nothing was coming back in the system and that they needed to escort me to my apartment to get my I.D. I immediateley tried to tell them my social security number and they said they were not allowed to use that information(I knew this was NOT true but I was very nervous and was under alot of pressure at the time). We get to the door and they say they can smell it more and that an officer would escort me inside to get my I.D. I was not cool with this at all and told them I knew my rights and that they were NOT allowed inside. Thats when things started to go bad, the sergeant immediatley grabbed me by the chest of my shirt and shoved me violently into my door yelling at unreasonable volumes saying that if he had to get a warrant that I would go to jail, but on the upside if i cooperated I could get off with just a ticket and how he had let people go with kilo's of pot. I had about 7 cops surrounding me infront of my apartment door and I knew if the smell was THAT strong they could most likely get a warrant and things would be bad so I buckled under pressure and signed the consent to search form. I then told them the location of my legally owned firearm, around 5k in cash, and just under a half pound of marijuana, they took it all, wrote me the ticket and left. said to expect a call from the detective who wrote the ticket. HOWEVER, they left around an estimated 700$ worth of paraphanalia(scales, glass, grinders ect) and the money they put in an evidence bag was about half the size of the stack I had in my possession, although he did give me the receipt for the money bag. On the citation it says "VHSA Possession Marijuana". I have been trying to find what VHSA means and whether or not I could win if I took this to court instead of just eating the misdemeanor. I don't know anything about special cases like this and havnt heard of people getting such a big break before, I was never even cuffed. any input is appreciated
  • 08-17-2010, 07:47 PM
    cyjeff
    Re: Felony Possession First Offense but Only Recieved Citation
    Yes, they can make your assistance in a sting operation conditional to the charges levied against you.

    I would, however, doubt anything said by anyone other than a DA... since only a DA can make that kind of deal. An officer cannot.

    You signed the consent... the initial stop could have been suspect, but pot smokers really don't realize how very pungent that smell is even hours after smoking.

    If they were outside your door and could smell it, odds are that you REEKED of pot... just from being in your own home.
  • 08-17-2010, 07:52 PM
    stigstig
    Re: Felony Possession First Offense but Only Recieved Citation
    so your saying even the detective has no reversal power on this but he could go to the D.A and flip it? the detective himself seems like a very reasonable guy and seeing as I am a young white male first offender do you think he would settle for me turning informant? it's been two weeks for all he know's i could have lost all my "connections" or multiple other scenario's. Say I had one connection and he quit dealing because he is preparing for a move to another state or country? I never AGREED to sting anyone on paper or verbally and they couldn't prove any story I tell them is a lie.
  • 08-17-2010, 08:54 PM
    cyjeff
    Re: Felony Possession First Offense but Only Recieved Citation
    Quote:

    Quoting stigstig
    View Post
    so your saying even the detective has no reversal power on this but he could go to the D.A and flip it? the detective himself seems like a very reasonable guy and seeing as I am a young white male first offender do you think he would settle for me turning informant? it's been two weeks for all he know's i could have lost all my "connections" or multiple other scenario's. Say I had one connection and he quit dealing because he is preparing for a move to another state or country? I never AGREED to sting anyone on paper or verbally and they couldn't prove any story I tell them is a lie.

    Then you get to go to jail.

    All I am saying is that if you wish to avoid jail, you should make sure that the person giving you the deal has the authority to do so.

    I would also recommend against talking to this detective without legal counsel. Anything you say can and will be used against you in a court of law. You have no right to privacy for any conversation with a law enforcement officer.

    I don't know what your race has to do with anything.
  • 08-20-2010, 04:24 PM
    tc498
    Re: Felony Possession First Offense but Only Recieved Citation
    It's your choice to flip on someone else,speak to lawyer and let them handle all the details. Sometimes in certain places it can help being a certain race or even gender. I'm not saying it's fair or it's a huge problem but it can play somewhat of a role or even something simple as how aggressive or polite a cop is .
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