Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Prison Legal Help! Ask questions, get opinions, and find resources.

Reply
 
Thread Tools Display Modes
  #1  
Old 04-27-2012, 07:31 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default About to face trial for something I didn't do; cop lied to protect himself

I have a medical condition and a concealed handgun permit. Basically, I got into a situation (can't go into full details) where I pass out and needed help due to the medical condition. Someone saw me in my car and called 911, concerned for my safety. He was not calling concerned for himself, he just thought I was hurt or something. He also noticed told the dispatcher that my holstered gun was on the passenger seat of the car.

The 911 caller will not be testifying at the trial. The officer lied in numerous ways. He stated that I pointed my HOLSTERED gun at him, so I am being charged with that. Second, he states that he identified himself, yet right before arriving, he turns his blue lights off and sneaks up to my car with his gun drawn. He NEVER says "police" or "police officer" or anything, only "keep your hands on the steering wheel".

Instead of the officer HELPING me, he tases me in the back, arrests me, perjures himself on the arrest warrant and at the grand jury and calls my university to get me kicked out of school. Once they heard that I had pointed a firearm at a cop (this officer used to work for the university as an officer there), they decided to just kick me out. No innocent/guilty there, I was just removed.

I eventually end up on ground outside the car, face down and not resisting, then told to "stay there" by who I think is a carjacker trying to steal my car. As I do so, the officer takes 3 steps back and deploys his taser into my back. I was not charging with resisting arrest, fleeing, or anything like that. The guy weighed easily 75 pounds more than me and a good 5 inches. I requested medical attention at the jail, but was refused. 3 days later I am hospitalized with kidney damage from the taser.

To make things worse, after 2 years, I found out today that the original attorney at this firm that we hired to take the case is fishing buddies with the cop who arrested me. After the initial consultation with him 2 years ago, I never saw him again, just an attorney lower down at his firm. He was the only attorney who even practiced there when we hired him, so I assumed he would be my attorney. This other attorney only filed one request for the video evidence. Is this typical? He filed one request and it took over a year for it to arrive. He never followed up. After viewing the tape initially, he told us that "yes, it looks exactly like what the officer said". 6 months later, he finally views it a few more times and realizes the cop had lied big time and told me to get a civil attorney, but by that time, it was too late and we could not find someone to take on the case due to the statute of limitations running out.

The prosecutor offer for a deal came EXACTLY 2 years plus a few days after my arrest, which means the statute of limitations had run out of any civil action against the county and the cop. They wanted me to plead guilty to a misdemeanor of illegally carrying a weapon (even though I went through the steps required to get a permit to carry one concealed) and FOREVER GIVE UP MY RIGHTS TO OWN ANY TYPE OF GUN.

The attorney I speak with is always rude to me and gets irritated when I contact him. He reads all his emails and will respond very briefly if he responds at all. He has not done what I asked him to do during the last two emails. I wanted sanctions filed against the officer/prosecutor for taking over a year to send the video evidence. He didn't do this. I also asked for records to be sent to me on when he requested the tape (each time) and records on when it was finally received by their office.

What should I do? I'm facing a felony of pointing a gun at an officer (yes, a holstered gun which had the trigger completely covered by the holster...what type of criminal intent would exist in my pointing a HOLSTERED gun at someone?) which is up to 5 years and then a misdemeanor for illegally carrying a firearm which is up to 1 year.

I have never even had a speeding ticket, let alone been in trouble to something of this extent.

I don't know what to do. I am worried that when my trial comes up next month (after I denied their deal as I am NOT pleading guilty to something I did not do), that the jury may just be all pro cop or that my attorney may even be not doing his job completely due to his boss being good friends with the arresting officer.

If I was convicted of either, I assume I am going to prison? I have a rare medical condition that requires medication monthly that costs over $5000 a month. How would that be worked out?
Reply With Quote
Sponsored Links
  #2  
Old 04-27-2012, 08:10 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: ma
Posts: 7,251
Thanks: 1,994
Thanked 11,742 Times in 4,310 Posts
Default

OK, if you're unhappy with your attorney, get a new attorney. It's very late in the entire process, but you can still try (Courts really don't like substituting counsel just before trial, and by your own account, you've been having problems for 2 years). Go talk to another criminal attorney or two or four, and hire the one you want to hire.

Fishing buddies means nothing, especially in a small jurisdiction. Attorneys, cops, judges, etc are allowed to be friends. I went to school from kindergarten on with people who have become cops and judges. Does that mean we're biased about each other? I don't know. It means that I have a well ensconced opinion about their strengths and weaknesses, and I do share interests with some. There's only one bicycle club in the area, and several of us ride, just as we've been doing since high school. I will say that if somebody has screwed up royally, I'm not about to sacrifice my client and my career to protect his/her ass.

Why didn't you challenge the University's expulsion? There's always a disciplinary action and due process means that you get to be heard. It's not like a criminal trial, but there is process. It's probably too late for you to appeal the decision or request the process you were due at the time of the disciplinary action, but should this ever come up again, ask about it. Look for the procedure in the school catalog. Talk with an attorney.

You won't necessarily go to prison. The lower the class of felony, the more likely the courts are to lean towards probation, especially for a first offense. What weighs in is the PSI report, and what you are doing within society that makes you a contributor, and not a danger to society.

If you should go to prison, go prepared. Be honest on your PSI about your medical condition. Sign all relevant HIPAA forms so that medical records can be transferred to the prison, and you can be maintained on appropriate medications. You may not get the exact same medications as the prison formulary and prison doctors usually prescribe the lowest cost alternative. Further, some meds are not available - medicinal marijuana, opioids (except when absolutely necessary, and more likely to be found for long term use in a prison medical facility), benzos, and the like. The Department of Corrections picks up the costs of meds while you're incarcerated.
Reply With Quote
  #3  
Old 04-27-2012, 08:28 AM
funbag funbag is offline
Registered User
 

Join Date: Feb 2012
Location: maryland,usa
Posts: 54
Thanks: 58
Thanked 68 Times in 21 Posts
Default

I mad the mistake of taking a plea on my first offense.I wish that i didnt do it,I wish I would have took it to trial because that was the one time in my life when i was trully innocent.That was the one only time when it was my word against the cops and my word would have meant something by not having a felony criminal record to hold against me.In hinesight I trully think i could have one.I was 18years old and my public pretender(lawyer) was scaring me telling me how much Time i would get if i lose in trial(4-12yrs) so i took the plea for probation.With that said,I f I was yOu i would fire that lawyer you have and get yourself a new one>If you trully believe you are innocent fight this case with all your might<because like i said before this is the one time in your life when your word against the cops word will mean something.......peace
Reply With Quote
  #4  
Old 04-27-2012, 08:33 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by yourself View Post
OK, if you're unhappy with your attorney, get a new attorney. It's very late in the entire process, but you can still try (Courts really don't like substituting counsel just before trial, and by your own account, you've been having problems for 2 years). Go talk to another criminal attorney or two or four, and hire the one you want to hire.

Fishing buddies means nothing, especially in a small jurisdiction. Attorneys, cops, judges, etc are allowed to be friends. I went to school from kindergarten on with people who have become cops and judges. Does that mean we're biased about each other? I don't know. It means that I have a well ensconced opinion about their strengths and weaknesses, and I do share interests with some. There's only one bicycle club in the area, and several of us ride, just as we've been doing since high school. I will say that if somebody has screwed up royally, I'm not about to sacrifice my client and my career to protect his/her ass.

Why didn't you challenge the University's expulsion? There's always a disciplinary action and due process means that you get to be heard. It's not like a criminal trial, but there is process. It's probably too late for you to appeal the decision or request the process you were due at the time of the disciplinary action, but should this ever come up again, ask about it. Look for the procedure in the school catalog. Talk with an attorney.

You won't necessarily go to prison. The lower the class of felony, the more likely the courts are to lean towards probation, especially for a first offense. What weighs in is the PSI report, and what you are doing within society that makes you a contributor, and not a danger to society.

If you should go to prison, go prepared. Be honest on your PSI about your medical condition. Sign all relevant HIPAA forms so that medical records can be transferred to the prison, and you can be maintained on appropriate medications. You may not get the exact same medications as the prison formulary and prison doctors usually prescribe the lowest cost alternative. Further, some meds are not available - medicinal marijuana, opioids (except when absolutely necessary, and more likely to be found for long term use in a prison medical facility), benzos, and the like. The Department of Corrections picks up the costs of meds while you're incarcerated.
If I switch attorneys, I lose all the money I paid upfront to this one. I don't have that kind of cash. I tried talking to another attorney who has a really good reputation, but he told me he cannot even speak to me on the case if I am represented by someone else. He also said it would be $10,000 to represent me.

I'm literally screwed.
Reply With Quote
  #5  
Old 04-27-2012, 08:33 AM
fbopnomore fbopnomore is offline
Moderator

Staff Superstar Winner PTO Moderator 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 14,227
Thanks: 15,384
Thanked 9,663 Times in 5,881 Posts
Default

Also be sure to ask your attorney (new or old) your realistic chances of winning at trial. If, as you say, the officer is going to testify that you did point the gun at him, that is very difficult (if not impossible) to overcome. Your attorney can tell you the probable results of taking a plea (even if you are innocent) versus going to trial.

You should consider the possibility of spending much more time in prison if convicted (even if you are innocent) and make a logical decision in consultation with your lawyer. There are many people who do choose to plead guilty to something they didn't do when faced with overwhelming odds that they will be convicted anyway. Good luck.
Reply With Quote
  #6  
Old 04-27-2012, 08:45 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

The cop never said "drop the gun" or anything. The word gun was never mentioned until a SECOND officer arriving on scene later and said "when an officer tells you to drop a gun, you drop it". That's when the first officer there started saying I had pointed it at him.

Plus, he initially said I was under arrest in the video for pointing the gun at the 911 caller. It was later changed to me pointing it at HIM.

The attorney I have now says he is almost certain the felony will result in no conviction but he says the misdemeanor of illegally carrying a firearm is 50/50, even though I have a permit.

Also, the 911 caller won't be testifying, so how are they allowing the trial to even go forward? Will they let the 911 tape in when the caller cannot be cross-examined?

And why would the 911 DISPATCHER who answered the call be testifying?
Reply With Quote
  #7  
Old 04-27-2012, 08:46 AM
prodri73's Avatar
prodri73 prodri73 is offline
Registered User
 

Join Date: Nov 2011
Location: In. Us
Posts: 275
Thanks: 8
Thanked 51 Times in 36 Posts
Default

Could it be that maybe you remember things differently cause you were under the influence of xanax?? I remember your story from another post you put under a different username that went in to a lot more detail...obviously you took enough xanax to pass out...and in the other post you didn't say your gun was holstered...I don't know but why would you be sitting in your car with a gun? You obviously weren't in a condition to be driving...who goes out in the middle of the night with a gun to sit in their car...doped up on xanax at that?

*Missing my love*
__________________


Reply With Quote
The Following User Says Thank You to prodri73 For This Useful Post:
funbag (04-27-2012)
  #8  
Old 04-27-2012, 08:50 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by prodri73 View Post
Could it be that maybe you remember things differently cause you were under the influence of xanax?? I remember your story from another post you put under a different username that went in to a lot more detail...obviously you took enough xanax to pass out...and in the other post you didn't say your gun was holstered...I don't know but why would you be sitting in your car with a gun? You obviously weren't in a condition to be driving...who goes out in the middle of the night with a gun to sit in their car...doped up on xanax at that?

*Missing my love*
The officer stated that I was on Xanax because he found a pill bottle in the car. When asked how many I took, the video CLEARLY has me saying 1. When we get the the jail, he tells the woman there I was "doped up" on Xanax.

If I had taken an entire bottle of Xanax as he said, shouldn't I have been given medical attention?

I walked to my car to grab my cell phone and passed out due to my medical condition. I have a permit to carry the gun, so that's what I was doing. The police report even says it was holstered. Why would I lie about that? The cop even says that.
Reply With Quote
  #9  
Old 04-27-2012, 08:51 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Plus, this has nothing to do with memory. This has everything to do with what is on the tape.
Reply With Quote
  #10  
Old 04-27-2012, 09:51 AM
zharon zharon is offline
Registered User
 

Join Date: Apr 2012
Location: NC, USA
Posts: 6
Thanks: 0
Thanked 0 Times in 0 Posts
Default

The fact of the matter here is that I am NOT pleading guilty to something that I did not do.

I'm trying to figure out how they can allow the trial to go forward without the 911 caller even being there. Why is the prosecutor still moving the case forward when he has watched the video, acknowledges the fact that the officer didn't identify himself, but doesn't care? I had a complete right to self defense here when someone sneaks up on me in my car with their gun drawn and giving NO INDICATION whatsoever that he was an officer.

The justice system is this country is shit if the prosecutor and officer are willing to let me potentially go to prison over something I did not even come close to doing. If anything, the officer should be the one facing criminal charges for assault and the prosecutor should be sued for malicious prosecution.
Reply With Quote
  #11  
Old 04-27-2012, 10:18 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: ma
Posts: 7,251
Thanks: 1,994
Thanked 11,742 Times in 4,310 Posts
Default

be very clear on what you did and didn't do, and whether or not that violates the law. Too often defendants think a crime means one thing when it really means another. for instance, a carry conceal permit allows you to carry concealed, however how that law intersects with transport in cars is completely different. A CC doesn't exempt you from transport laws.

And, the dispatcher is all that's needed to get the 911 call in. There are well entrenched exceptions to hearsay. The 911 dispatcher listening to a call can get the tape in and testify to its contents via a number of exceptions, including but not limited to excited utterance.

You'll do what you want to do. I'd suggest you stop talking about facts and trying to run defenses to strangers on the internet, and I bet your lawyer, whether he sucks or not, would advise the same thing. I'd also suggest you chill out. There's nothing you can do, or are willing to do at this point that will do you any good. You can seriously harm yourself, so chill out, and stop talking about this stuff.
Reply With Quote
The Following 2 Users Say Thank You to yourself For This Useful Post:
26thncaliswag (04-28-2012), funbag (04-27-2012)
  #12  
Old 04-27-2012, 11:23 PM
KamisSister KamisSister is offline
Registered User
 

Join Date: Sep 2010
Location: Texas USA
Posts: 808
Thanks: 182
Thanked 950 Times in 386 Posts
Default

Double check the statute of limitations.

http://law.onecle.com/north-carolina...dure/1-52.html

Within three years an action (19) For assault, battery, or false imprisonment.

I am not a lawyer and this could very well mean absolutely nothing. I was just curious. I do know that here in Texas a conviction out of the incident matters, a guy recently filed a police brutality like charge, but he was convicted of something from that incident and his federal lawsuit was thrown out.

It never hurts to ask around on stuff like this.

Last edited by KamisSister; 04-27-2012 at 11:25 PM..
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 12:14 PM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics