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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Default Caught Selling Drugs to an Informant

    My question involves criminal law for the state of: CA
    I am 18.

    Description of my case:
    I was caught selling 300 pills of ecstacy to an informant. I believe I was not monitored for longer than one day because the girl texted me cops. My girlfriend was driving my car and when they pulled us out of the car she was in the drivers seat. We were pulled to separate cars and questioned. My girlfriend plead the 5th and asked them to recite her rights. She then asked for her right of an attorney. In the other car, I refused to answer any questions pertaining to anything that might incriminate and to said ''it would probably be smart if I waiting to speak with a lawyer before answering any questions because it might be unwise''. The cops continued questioning even after we both stated our right to a lawyer. They left and returned numerous times continuing interrogation. The drugs were hidden in the trunk interior, we both wanted to take chances with the search and the dog but finally after numerous threats and lies from the cops my girlfriend finally cracked and cried and told them they might be in the trunk. They then found the drugs and detained us at the PD. That night a cop asked if I would like to work as a classified informant and I agreed. They then asked for my phone numerous times and I told them I would need to consult a lawyer to see if it is better give them the phone finally after numerous times of asking then told me it would help my girlfriend be less guilty and I gave it to them.

    I decided I wanted to leave the whole party and drug life behind so i decided to work. I obtained drugs for them 12 - 15 times the amount they caught me with after they told me that they would dismiss my case at the PD. My work as a CI is now done and the case is still either at the PD or in possess of being pressed at the court. They said because my girlfriend is going through trail right now her Da talking to my Da and it is not possible

    I have currently have a 4.0 with 5 classes in college. I used to attend Cal State Fullerton and am currently looking at top UC schools to apply to ( cant have on my record). I work 12 hours a week aside from school at my dads warehouse. I turned my life around a completely 360 I also wrote a letter to the Sargent of the PD explaining how I changed.

    How possible is it for a lawyer to contact the prosecutor handling my case discuss a dismissal or diversion program before it gets to court?

    What kind of plea bargains would I be looking at?

    Is the the constant interrogation and investigation viable if we both constantly asked for right of lawyer?and phone?

    What suggestions work another deal with Pd to get dropped case, try and get an attorney to work out a deal with the prosecutor or wait for it to hit court?

    thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Caught Selling Drugs to an Informant

    You should discuss your situation, and whether you can convince the prosecutor not to charge based upon your work as a confidential informant, with your criminal defense lawyer. Your lawyer will also be able to tell you what, if any, plea bargains are being offered.

    The idea that the prosecutor insists on charging you because your girlfriend's case is going to trial seems odd. If you can explain that better, please do; otherwise discuss it with your lawyer.

    Your lawyer will presumably also want to review the police report from the initial stop and see if any videos are available, to try to determine if there may be a basis for a motion to suppress.

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Caught Selling Drugs to an Informant

    i actually consulted a UC berkely lawyer who offered to handle pretrial arangements for 1500. He told me it is definately possible but also said if the police department didnt file the DA could still file.

    The head sargaent at the PD said that this exactly after i sent him a long email presenting the reasons of why he should dismiss case as his deputies originally told me they were going to do:

    ''As you can see I have forwarded this email to Detectives G. and B. so they can decide whether or not to include your exceptionally well written consideration letter with theirs when it is presented to the Deputy District Attorney who oversees the use of police informants.

    You have given me several points to consider, however, my hands are tied as to whether or not the detectives submit your case. Allow me to explain why. The District Attorney who is overseeing girlfriends case has spoken to the Attorney who will review yours. If your case is never sent to him it will raise a huge red flag that could potentially derail what the PD is trying to do for both of you.

    I truly wish I could consider the detectives proposal not to submit your arrest report, but I know it’s not the correct way to manage a case. Rest assured Detectives B. and G. can be very persuasive and I hope they prevail in their discussion with the District Attorney.''

    I was actaully swarmed in the parking lot rather than stopped in a traffic stop. they immediately put both my girlfriend and I in cuffs and immediately took us to a spot far away from my car. i don't suppose there are any videos to start with but there might be. But hoping that there is that could play a huge role in proving faulty police procedure. thats a good idea

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