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Know
your rights:
For detailed information on searches and your rights see this
page (authored by a cop)
In
Florida, Less than 20 grams is a misdemeanor possession, over 20
grams is a Felony
If
a police officer tells you he/she "smells something".
The correct response is "I don't smell
anything" any acknowledgment of smell constitutes probable
cause.
You
are not required to answer questions beyond your name, address,
and proper paperwork (i.e. registration, insurance).
The
less you say, the less they will be able to use against you.
Police
are trained to testify. Even before the Marianda Warning is read,
they are noting your responses.
When
they say "it won't be used against you",
That is a lie.
They can use any statement to force a plea or impeach you during
trial. The less said the better.
Do
not consent to a search:
The only statement to make if an officer asks to search your vehicle
or person.
"No you may not search".
They are then forced to bring out dogs and supervisors and lots
of paperwork. Most cops will write the ticket and go at this point.
This
tactic might fail, everything in the law is practice ( I am sure
you have heard that all lawyers are practicing). Keep in mind that
you do not have to wait for a dog to arrive, if the officer has
finished checking your background and has returned your license
you are free to leave. A common tactic of police is to return your
license and ticket and then to begin questioning about drugs, weapons
etc.
The best response is, "I really
think
I should be on my way sir/ma'am"
Most cops don't know your rights.
If
you do and you keep repeating them, a good lawyer will force the
police to impeach themselves on your words. Have your script and
stick to it, this is a war declared not by us but on us.
Name
Rank and serial number. Always remember to get these from any officer
you speak to.
Have
A Plan:
If you use, possess or sell drugs, you are a target, if you are
a black man, yellow man, punk rocker, hippie, have short hair, or
long hair... We are all targets in the insanity.
So
make a plan, who would you call, who has bail, how much, collateral
available, Who calls your work, your Mom, your kids, your friends?
If
you deal with pot, buy or sell, how will you warn your friends without
endangering them. A code word, candle in the window, smoke signals?
Once
you are arrested. Clam up!! Clam up!! Don't talk. (get it) Cell
mates are not your friends (we've all seen television shows or movies
where cellmates end up testifying to reduce their own sentence),
the telephone is being recorded. Make your one phone call count
and wait for your plan to take action.
Arraignments:
Always ask for a public defender unless you
are filthy rich. Being indigent allows you free council,
free transcripts and free witnesses (like the dog expert about that
bad canine search). It is also a drain of resources on an already
overburdened system.
Ask for a reduction in bond citing your overwhelming willingness
to face the false charges.
Remember family in community, job, church, apartment what ever ties
you locally, make you that much less of a flight risk.
If
Bail Bondsman posts bond:
Immediately upon your release, write your story(statement) and send
it to a trusted friend or attorney and yourself. Don't open the
one you send yourself, it is postmarked and that is a sign the story
remained the same.
Things
to include: Date, time, place, conditions of road or location Witnesses
names and contact information Names of every officer you saw or
spoke to in the time since your first encounter, including guards,
nurses everyone.
Remember
Law enforcement are trained to testify against you. Detail everything
you can remember about the encounter that led to the arrest. Ask
all witnesses to do the same. Don't coach them, they are not expert
witnesses and not expected to remember every detail the same as
you do. Originality is good under these circumstances.
Find
an Attorney:
FL CAN and NORML
have legal referral services. FL CAN offers trial support at a local
level and works closely to help clients achieve better results.
When looking for your attorney if you do not qualify for a public
defender, shop around. Have a fourth copy of the statement and already
know what you want an attorney to do.
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