Please Scroll Down to See Forums Below Bigdogmikey
New member
Its good to have a lawyer here, I live here in nyc, pins are legal to buy , only 10 at a time w/o perscription. What happens if I get cough with just pins? Also what happens if i get cought with vials with only sterile oil?
.jpg "Research Chemical Sciences")
.png "Research Chemical Sciences")
a lesson for all
- Thread starter The Wenis
- Start date
Bigdogmikey said:
They'll confiscate the oil and test it and the pins as well for evidence, but they can't charge you with shit.......but you won't get them back......I promise you that. Something about cops...once they confiscate something, they tend to think THEY OWN IT, even if they took it illegally.
DIV
slat1
New member
This is from one of Rick Collins sites. I have printed it out and handed it to all my friends. They give me shit when ever I do. I will tell you this though. One of my friends did not get DWI just because of reading this!
Its long but well worth the read!!!!
If You've Been Arrested...
Call an experienced criminal defense attorney immediately. He can advise you of your rights
while in police custody and help protect you from hurting your chances in court. He can
prepare for and appear at your arraignment, arguing against the prosecutor's request for the
judge to set bail. He can thoroughly investigate your case and interview witnesses who may help
you. If appropriate, he can help present your side of the story to a grand jury. Ultimately, he
can challenge the evidence against you in court proceedings such as suppression hearings and
trial.
IF YOU ARE STOPPED ON THE STREET:
If a police officer stops you on the street, you are not obliged by law to answer any questions he may ask. You can simply say, "I do not wish to speak to you" and walk away. The police officer, however, may attempt to continue the contact through further questioning. If he suspects you of a crime, he will try hard to get you to say something that can justify arresting you, and that can later be used against you in court. How to deal with such an encounter depends upon numerous factors. If you have been involved in illegal activities and the officer seems to suspect as much, you would be very foolish indeed to answer any questions. Even statements of intended "denial" may seriously hurt you in court (i.e., if you deny the burglary but admit you were in the neighborhood, or if you deny being drunk but admit "only a few beers"). In this situation, if you are free to leave, you should excuse yourself and do so immediately. If you are not free to leave, you are essentially in police custody and have been "arrested." Talking to the officer will not change that. You should say nothing except basic pedigree information (your name, address, date of birth, etc.). Call or request a lawyer immediately, and refuse to answer any questions without a lawyer present. Sign nothing.
IF THE POLICE ARE LOOKING FOR YOU:
If the police are calling your home asking to speak with you, you may be a suspect in a criminal investigation. Quite often, the detective will seek to question you on the telephone about the incident, and then ask you to come voluntarily to the station house to "straighten things out." If you go to the station house, you will probably be asked to talk further about the case. Ultimately, you will be asked to sign a statement giving "your side of the story" (but usually written or typed by the detective). While this might seem like a golden opportunity to get out of trouble, it is often a trap. The statement will generally be constructed to include an admission of some guilt in the matter. After you sign it, you may then be handcuffed, fingerprinted and photographed. It is sad to discover later that sometimes the only basis the police had for arresting a person at all was the statement he or she gave to them. Often this statement (which the prosecutor will call a "confession") is the most damaging piece of evidence at trial. The best thing you can do if the police come to your home or call for you on the telephone is to answer no questions and call a good defense attorney immediately.
The police can sometimes arrest you even without your statement. For example, if the police are in possession of an active arrest warrant or a bench warrant (a warrant issued for failure to appear in court), they will come looking for you. If they do not believe you are a flight risk, they may call you by telephone and try to arrange a voluntary surrender. Another example is where the police believe that they already have enough evidence against you to constitute "probable cause" (although no warrant has been signed). Since your arrest may be unavoidable under these circumstances, it may be wise to voluntarily surrender rather than force the police to find and capture you. Of course, it is crucial that you do not make any statements to the police or answer their questions, and that you quickly obtain legal counsel. An attorney can negotiate the terms of your voluntary surrender in a manner which can minimize your time in police or court custody. A person who voluntarily surrenders on a warrant is always looked upon more favorably by an arraignment judge during a bail application. The manner in which a lawyer handles the arrest and arraignment process in these situations can mean the difference between a release in one's own custody and the setting of a high and unaffordable bail.
IF YOU ARE IN POLICE CUSTODY:
In Miranda v. Arizona, the United States Supreme Court held that prior to any questioning of a person in custody, the police must advise the person of certain rights. These rights, commonly called the Miranda Rights, are now generally as follows: "You have the right to remain silent. Anything you say can and will be held against you in a court of law. You have the right to an attorney now. If you cannot afford an attorney, one will be appointed for you." The police will often read these rights off a preprinted card. They will read you these rights only if they intend to question you. After reading them to you, they will question you in an effort to get you to incriminate yourself. They will write down your statements, and often ask you to sign a written version. Answering questions but refusing to sign a written statement doesn't help you. Oral confessions can be just as damaging as signed written ones. Answer no questions until you have spoken with a lawyer.
What if the police neglect to read you your rights? It could result in a major blow to the case against you. Even a full written confession to the crime can be thrown out of court. And if the confession led the police to further evidence against you, that evidence could be thrown out too! However, although evidence is thrown out, remember that the case itself is not necessarily dismissed. If there is other evidence of your guilt, that other evidence could still be used to prosecute you. Also, remember that Miranda is limited to custodial interrogation. If you are not in police custody, such as in conversation on the street or over the telephone, the police can generally question you without reading your rights. And if you are in custody, but spontaneously volunteer statements (not in response to questioning), the police can write down your words and use them against you in court. The best thing you can do if you have been arrested is to answer no questions and call an experienced defense lawyer immediately.
IF YOU ARE STOPPED FOR DRUNK DRIVING:
Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in New York State. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge; and some prosecutor's offices will not extend reduced plea offers on refusal cases. Accordingly, in New York, where there was no accident, no horrendous driving record, no prior drunk driving or other criminal record, and no evidence of wild or dangerous driving, it is usually most advisable to take the test. On the other hand, if you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide evidence of your possible intoxication. In addition to the chemical test, the police will generally request you to submit to various physical performance tests, such as walking heel-to-toe and touching your finger to your nose. There is no legal obligation to take these tests. As the consumption of alcohol can impair your ability to perform these tests, it may be advisable to refuse to submit to any performance tests and thereby limit the potential evidence against you. It is also advisable to request the opportunity to contact a lawyer directly from the station house, or to call a friend or family member and ask him or her to immediately seek an experienced criminal defense lawyer. A criminal defense lawyer can often speak to the police who arrested you while you are in custody, thereby gathering information about the case even before it gets to court. He can then appear at your court arraignment to argue on your behalf.
Its long but well worth the read!!!!
If You've Been Arrested...
Call an experienced criminal defense attorney immediately. He can advise you of your rights
while in police custody and help protect you from hurting your chances in court. He can
prepare for and appear at your arraignment, arguing against the prosecutor's request for the
judge to set bail. He can thoroughly investigate your case and interview witnesses who may help
you. If appropriate, he can help present your side of the story to a grand jury. Ultimately, he
can challenge the evidence against you in court proceedings such as suppression hearings and
trial.
IF YOU ARE STOPPED ON THE STREET:
If a police officer stops you on the street, you are not obliged by law to answer any questions he may ask. You can simply say, "I do not wish to speak to you" and walk away. The police officer, however, may attempt to continue the contact through further questioning. If he suspects you of a crime, he will try hard to get you to say something that can justify arresting you, and that can later be used against you in court. How to deal with such an encounter depends upon numerous factors. If you have been involved in illegal activities and the officer seems to suspect as much, you would be very foolish indeed to answer any questions. Even statements of intended "denial" may seriously hurt you in court (i.e., if you deny the burglary but admit you were in the neighborhood, or if you deny being drunk but admit "only a few beers"). In this situation, if you are free to leave, you should excuse yourself and do so immediately. If you are not free to leave, you are essentially in police custody and have been "arrested." Talking to the officer will not change that. You should say nothing except basic pedigree information (your name, address, date of birth, etc.). Call or request a lawyer immediately, and refuse to answer any questions without a lawyer present. Sign nothing.
IF THE POLICE ARE LOOKING FOR YOU:
If the police are calling your home asking to speak with you, you may be a suspect in a criminal investigation. Quite often, the detective will seek to question you on the telephone about the incident, and then ask you to come voluntarily to the station house to "straighten things out." If you go to the station house, you will probably be asked to talk further about the case. Ultimately, you will be asked to sign a statement giving "your side of the story" (but usually written or typed by the detective). While this might seem like a golden opportunity to get out of trouble, it is often a trap. The statement will generally be constructed to include an admission of some guilt in the matter. After you sign it, you may then be handcuffed, fingerprinted and photographed. It is sad to discover later that sometimes the only basis the police had for arresting a person at all was the statement he or she gave to them. Often this statement (which the prosecutor will call a "confession") is the most damaging piece of evidence at trial. The best thing you can do if the police come to your home or call for you on the telephone is to answer no questions and call a good defense attorney immediately.
The police can sometimes arrest you even without your statement. For example, if the police are in possession of an active arrest warrant or a bench warrant (a warrant issued for failure to appear in court), they will come looking for you. If they do not believe you are a flight risk, they may call you by telephone and try to arrange a voluntary surrender. Another example is where the police believe that they already have enough evidence against you to constitute "probable cause" (although no warrant has been signed). Since your arrest may be unavoidable under these circumstances, it may be wise to voluntarily surrender rather than force the police to find and capture you. Of course, it is crucial that you do not make any statements to the police or answer their questions, and that you quickly obtain legal counsel. An attorney can negotiate the terms of your voluntary surrender in a manner which can minimize your time in police or court custody. A person who voluntarily surrenders on a warrant is always looked upon more favorably by an arraignment judge during a bail application. The manner in which a lawyer handles the arrest and arraignment process in these situations can mean the difference between a release in one's own custody and the setting of a high and unaffordable bail.
IF YOU ARE IN POLICE CUSTODY:
In Miranda v. Arizona, the United States Supreme Court held that prior to any questioning of a person in custody, the police must advise the person of certain rights. These rights, commonly called the Miranda Rights, are now generally as follows: "You have the right to remain silent. Anything you say can and will be held against you in a court of law. You have the right to an attorney now. If you cannot afford an attorney, one will be appointed for you." The police will often read these rights off a preprinted card. They will read you these rights only if they intend to question you. After reading them to you, they will question you in an effort to get you to incriminate yourself. They will write down your statements, and often ask you to sign a written version. Answering questions but refusing to sign a written statement doesn't help you. Oral confessions can be just as damaging as signed written ones. Answer no questions until you have spoken with a lawyer.
What if the police neglect to read you your rights? It could result in a major blow to the case against you. Even a full written confession to the crime can be thrown out of court. And if the confession led the police to further evidence against you, that evidence could be thrown out too! However, although evidence is thrown out, remember that the case itself is not necessarily dismissed. If there is other evidence of your guilt, that other evidence could still be used to prosecute you. Also, remember that Miranda is limited to custodial interrogation. If you are not in police custody, such as in conversation on the street or over the telephone, the police can generally question you without reading your rights. And if you are in custody, but spontaneously volunteer statements (not in response to questioning), the police can write down your words and use them against you in court. The best thing you can do if you have been arrested is to answer no questions and call an experienced defense lawyer immediately.
IF YOU ARE STOPPED FOR DRUNK DRIVING:
Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in New York State. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge; and some prosecutor's offices will not extend reduced plea offers on refusal cases. Accordingly, in New York, where there was no accident, no horrendous driving record, no prior drunk driving or other criminal record, and no evidence of wild or dangerous driving, it is usually most advisable to take the test. On the other hand, if you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide evidence of your possible intoxication. In addition to the chemical test, the police will generally request you to submit to various physical performance tests, such as walking heel-to-toe and touching your finger to your nose. There is no legal obligation to take these tests. As the consumption of alcohol can impair your ability to perform these tests, it may be advisable to refuse to submit to any performance tests and thereby limit the potential evidence against you. It is also advisable to request the opportunity to contact a lawyer directly from the station house, or to call a friend or family member and ask him or her to immediately seek an experienced criminal defense lawyer. A criminal defense lawyer can often speak to the police who arrested you while you are in custody, thereby gathering information about the case even before it gets to court. He can then appear at your court arraignment to argue on your behalf.
UPDATE
for anyone who was interested
i got this dumbass's case dismissed this week. what he had was hgh which is not a controlled substance either federally or in my state (it is in some states). the local cops submitted it to the d.a. who had no experience with it. we talked, went over the law, and he finally agreed to dismiss it. he tried some tough talk about submitting it to the feds, but i let him know that the only way possession of hgh is illegal at the federal level is if it is possession with intent to distribute. a very hard case to prove with only about 2 or so kits. still, since the guy had it in his gym bag, the argument for sale or delivery could have been made. 2d time i got him out of trouble. and i don't even do criminal law any more
for anyone who was interested
i got this dumbass's case dismissed this week. what he had was hgh which is not a controlled substance either federally or in my state (it is in some states). the local cops submitted it to the d.a. who had no experience with it. we talked, went over the law, and he finally agreed to dismiss it. he tried some tough talk about submitting it to the feds, but i let him know that the only way possession of hgh is illegal at the federal level is if it is possession with intent to distribute. a very hard case to prove with only about 2 or so kits. still, since the guy had it in his gym bag, the argument for sale or delivery could have been made. 2d time i got him out of trouble. and i don't even do criminal law any more
P
PolfaJelfa
Guest
Good to have you on this board Wenis ....
karma to you for helping a dumbass out.
karma to you for helping a dumbass out.
P
PolfaJelfa
Guest
Dont you guys find the show Cops ( which i love) amuzing when they catch the criminals?
Example two guys in car.......Ran red light...but look kind of odd suspicious.
"Oficer- You guys have anything illegal in there i should know about......
Guys- Pause and say "Um no no"
Oficer- "Well then you dont mind if i take a look do you"
Here is the bait line.....
Guys say "no"......they have just given him permision to search.
Otherwise if nothing is in visible sight in the vehicle...the oficer can only give them a ticket for the movign violation...and if they refuse a search...oficer will not be able to search the car. Only way is thru a warant which he is not going to take the time to take nor get unless there is a strong probable cause....plus its alot of BS for the Leo.
Heres what a number of diferent examples should look like corectly.
"Yall have any thing in the car i should know about"
No oficer
"Yall dont mind if i take a look then"
Sure i do Sir, that would be a violation of my constitutional rights. Even though i do not have anythig to hide i wish to preserve the rights ourforefathers have died for!
Oficer starts jiberjabing and being a dick.....
"Sir, am i curently under arest?"
Oficer- NO
"Then have a safe day out there oficer"
Oficer - Yes
"I wish to envoke my miranda rights"
Prosecuting people is hard....that is why oficers are trained to squeeze out admisions and evidence from people in a way that the suspect does not know is hapening. Perfect example " Just tell me the truth" "Truth gona set you free" The more you say...the worse the odds for you.
Dont be a dick either....say im not giving you my name....what i was doing here...if i have any weapons, how old i am. You will get busted...and should.
This post is dedicated to preserving your rights which the forefathers have fought for and prevent false arrests and prosecutions.
Patrick Henry "Give me liberty or give me death"
Example two guys in car.......Ran red light...but look kind of odd suspicious.
"Oficer- You guys have anything illegal in there i should know about......
Guys- Pause and say "Um no no"
Oficer- "Well then you dont mind if i take a look do you"
Here is the bait line.....
Guys say "no"......they have just given him permision to search.
Otherwise if nothing is in visible sight in the vehicle...the oficer can only give them a ticket for the movign violation...and if they refuse a search...oficer will not be able to search the car. Only way is thru a warant which he is not going to take the time to take nor get unless there is a strong probable cause....plus its alot of BS for the Leo.
Heres what a number of diferent examples should look like corectly.
"Yall have any thing in the car i should know about"
No oficer
"Yall dont mind if i take a look then"
Sure i do Sir, that would be a violation of my constitutional rights. Even though i do not have anythig to hide i wish to preserve the rights ourforefathers have died for!
Oficer starts jiberjabing and being a dick.....
"Sir, am i curently under arest?"
Oficer- NO
"Then have a safe day out there oficer"
Oficer - Yes
"I wish to envoke my miranda rights"
Prosecuting people is hard....that is why oficers are trained to squeeze out admisions and evidence from people in a way that the suspect does not know is hapening. Perfect example " Just tell me the truth" "Truth gona set you free" The more you say...the worse the odds for you.
Dont be a dick either....say im not giving you my name....what i was doing here...if i have any weapons, how old i am. You will get busted...and should.
This post is dedicated to preserving your rights which the forefathers have fought for and prevent false arrests and prosecutions.
Patrick Henry "Give me liberty or give me death"
LVTitan
New member
PolfaJelfa said:
i know of at least one state, and i'm sure there are more, that this is not true. be careful.
if you are in a moving vehicle, they DO NOT need a search warrant to go thru your car. if they have "reasonable suspicion" you are up to something (and all they need is a bad attitude to have reasonable suspicion) then they can go thru it because it is 'mobile' and can leave the scene before a proper warrant can be issued. this is a fact.
some states you may have to get an actual warrant to check in the glove box and/or trunk if they are LOCKED, so look into the laws where you live.
here is food for thought- what happens if your door gets booted in by LE and you have the rick collins book in your posession (coupled with other things)....that'd look pretty bad in court.
I have a copy, have read it several times and will probably pass it on since I don't want to keep it in my house. That in itself is a smoking gun...lol
I have a copy, have read it several times and will probably pass it on since I don't want to keep it in my house. That in itself is a smoking gun...lol
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