Just a little rant.

[SmokinErb]

Meh, had kind of a shit day, put a lot on my mind. Can't think of a better place to get some stuff off my chest.

I'm currently in a legal situation, one that I get sentenced for this Thursday. I had a meeting with my lawyer today, and well it didn't go so great. Not as bad as it could have went, but meh. Let me sum the case up first:

I'm facing 19 years because a so-called buddy of mine wore a wire on me during a transaction. The next day the SWAT team showed up, flashbangs, riot shields, assault rifles, the works. I've hired an attorney and he's gotten a plea bargain for the dealing charge reduced to possession over 30 grams (C felony down to a D felony) and 2 other felonies and multiple misdemeanors dropped. So 19 years down to a 3 year max. Of which I've already served 300-ish days between jail and home detention.

Now before sentencing, we have to partake in a "Pre-Sentencing Investingation" by the probation department. They use the 2 hour interview and make a sentence recommendation. Initially they wanted the recommend the judge reject the plea as it's "too soft." Fortunately, the head probation officer told the one doing the PSI to just put "no recommendation." My attorney and I were both really hoping they'd approve of it and recommend the judge accept the plea and suggest a sentence. Not the worst thing, but not the best.

So now it's up to the Judge. I'll be put on the spot - something I'm horrible at, and hit with an endless amount of difficult questions to answer - questions I can't really prepare for as nobody knows what they will be. Why were you dealing? Why did you have a gun in your possession as a convinced felon? How do we know you won't do this again? Those types, and who knows what else.

My attorney said it'll really be up to me in the end - I have to convince the judge and it will be the difference between going home and going to prison. Needless to say, I'm nervous.

So there's 3 things that can happen:

The judge can accept the plea, and I go home - house arrest and/or probation.

The judge can accept the plea and I go to prison - maximum of 3 years, of which I've served nearly a year. I'd actually DO a year.

The judge can reject the plea and I get a new court date - worst possible outcome.

I really, REALLY wish I could just smoke a nice sativa-dominate bowl right now and relax and think things through. I always come up with the best shit high. That can't happen though.

 

[MrBluntfaced]

Good vibes, keep the head up...no matter what path you take you're always on your own.

 

[mosstrooper]

Man this is harsh, you have my best wishes.
I have never been in a situation like this, but i have been in court before. Dont let them rush you into rash answers, stay calm, and pause a moment if you need to before answering.

 

[windsurfer]

I dont think anyone here can give you legal advice in this, if you regret it genuinely, and say it im sure that would help

 

[SmokinErb]

Lol I've got a hired attorney for legal advice. I'm just supposed to think it all over and be prepared for some damn good answers. He's pushing in a certain direction, but the problem is these questions could be any and everything.

Meh I just needed to get it off my chest. Helps clear my head.

 

[Yes4Prop215]

damn i didnt know they had these kind of pre-sentencing things...sounds pretty cool, just put your game face on, your best salesman, you gotta sell the judge on the idea you wont be a bad person if released....tell him your "legal" plans, etc...

 

[darkhorse]

hope all goes well for you mate.

 

[SmokinErb]

I guess my biggest fear is that I'm terrified of public speaking. In a packed courtroom. I get cold feet, my mind goes blank, I stutter, etc.

That and I absolutely know that he's going to ask one question - Where did you get the marijuana? Meh, it wasn't home grown, the quality of it wasn't anywhere near that. On one hand I just want to say "I grew it," but on the other hand I don't want to be caught in a lie. The best I have is to drop the names of some people that have fucked me over one way or another in the past year. Meh, I don't want "snitch" attached to my name either, though. But how can I refuse to answer a Judge's question during sentencing?

 

[darkhorse]

you dont refuse mate, you joust

every dodgy question you get asked you say im not sure,could have been,may have,possibly etc,,
never answer yes or no unless you are sure you cant be screwed for it.

 

[designer]

30 grams? I am thinking your biggest problem must be the gun. So you are an ex con dealing with a gun. Not to bring down the rain, but I hope you don't do that no more.

 

[igrowkushbitch]

sorry man i hope it all works out for you

 

[Hydrosun]

I guess my biggest fear is that I'm terrified of public speaking. In a packed courtroom. I get cold feet, my mind goes blank, I stutter, etc.

That and I absolutely know that he's going to ask one question - Where did you get the marijuana? Meh, it wasn't home grown, the quality of it wasn't anywhere near that. On one hand I just want to say "I grew it," but on the other hand I don't want to be caught in a lie. The best I have is to drop the names of some people that have fucked me over one way or another in the past year. Meh, I don't want "snitch" attached to my name either, though. But how can I refuse to answer a Judge's question during sentencing?

I drove down to XXXXXX shitty part of town and scored the small amount of weed from a guy on the corner. He was slinging sacks of weed and I know the lingo so I asked to score a little more and drove home.

But I really doubt that a judge will ask you for this type of information, that is more of a prosecutor's question.

I am pulling for you and hope it goes as easy as possible.

 

[rick shaw]

Been there,although I didn't have the luxury of home detention. My PO was professional and polite,a welcome change in the LA County jail. The plea bargain was one year and three suspended. The PO recommended the judge reject the deal,he went with it any way.

 

[HighDesertJoe]

Hey Smokin
Cognitive restructuring:
Just Relax.Between now and then. Audio Visually Rehearse yourself in court in front of the judge answering any and all questions he throws your way do it over and over in your mind till then and YOU will be relaxed and prepared for the day.
Good Luck

 

[headiez247]

Wow, sorry to hear about your situation.

A suggestion regarding court from someone who deals with anxiety- first and most important thing that most people forget about is breathing. From the time you walk into court until the time you walk out (or into cuffs) you need to be breathing in through your nose, hold it for 5 seconds, then slowly breath out through your mouth. If you don't do that your body is going to do nothing but partake in the cold feet/anxiety/trippin out.

In advance of your court date you need to do lots of self talking. You need to keep reminding yourself that it is important to properly represent yourself in front of the judge. All you are doing is listening to a question, and answering it in the best way possible. If you come off as scared to the judge this is NOT a bad thing. They expect you to be scared. If anything its better then you looking like you could care less/cocky. Practice responses to questions that would likely be asked such as why should we let you go, how do we know you won't do this again, why did you do it etc. It's fairly predictable the type of questions they will ask you. Obviously address the judge as "your honor" every single time even if its over and over again. If it starts sounding redundant you can switch it to "sir" or "ma'am".

Also it should be noted that regardless of what happens, you are alive. You aren't going to die, you aren't in the hospital with cancer. I know jail sucks but considering you are a felon I'm assuming you've done time before, so try to keep that in mind.

And finally, obviously this goes without saying, forget that guns fucking exist. You've already learned your lesson now, so there's no need for me to tell you how dumb it was for you to have a gun on you as a felon while doing a drug deal.

Good luck, let us know what happens.

 

[Lazyman]

Man that sucks, I would just say you bought it from some guy at the gas station last month, you can remember his race but not much else. As for the rest, well, think about the answers that they WANT to hear (that will make you guilty) then say the opposite of that. Practice doing this in your head, rehearse your answers to every question you can think of. Write em down and write out the best answers that don't implicate you.

 

[SmokinErb]

Ahh, see the thing is I'm pleading guilty. It's part of the plea bargain. He wants to hear the truth, I believe if they suspect I'm lying for even one second I dug my own grave.

About the gun - I know I shouldn't have had it. I know it was stupid. But at the same time, I was growing. I was dealing. I felt obligated to have a first line of defense if the shit hit the fan - I can't be the ONLY one out there. When it comes to getting robbed, dealers are fair game. That's the only, and honest thing I have about it. I don't carry one, I don't act all "gangsta" with it. It sits in my bedroom 24 hours a day.

I guess my biggest problem is work. I ended up taking. most of the day off work today in order to go over everything. Gotta go in here in just a minute (4:30 am) but I'll be off work at 10:45 so I can go talk to my attorney again, and will be taking the rest of the day off. I gotta go in tomorrow morning for a few hours before court though - ugh.

Thanks for all the input and comments guys. I guess I'll either post back here Thursday or I won't. Peace and 'erb.

 

[Stoner4Life]

best of luck to you, never over estimate the most simple and obvious bro. speak clearly always addressing the judge as 'Your honor', be neat looking and do NOT stick your hands in your pockets; being at their mercy even under a plea deal fine decorum might be your best offense.......

 

[JOJO420]

About the gun - I know I shouldn't have had it. I know it was stupid. But at the same time, I was growing. I was dealing. I felt obligated to have a first line of defense if the shit hit the fan - I can't be the ONLY one out there. When it comes to getting robbed, dealers are fair game. That's the only, and honest thing I have about it. I don't carry one, I don't act all "gangsta" with it. It sits in my bedroom 24 hours a day.

And now your in deep shit 24 hrs a day. How many horror stories does one have to read about the dreaded " gun" that sunk their ship. 30g is a spit on the sidewalk, possession of over an ounce, now add on the gun charge and whammo, your done.

Now after the rant, I am truly sorry about your situation. I wish you all the luck in the world

I have noticed in a plea deal, that the less you say the better.Just my own experience talking here. You already plead guilty, don't tell em shit.Go tell em what they wanna hear and go home. TIME SERVED
As to the rat bastard that put you there, I hope he rots

 

[ZEROorDIE]

I guess my biggest fear is that I'm terrified of public speaking. In a packed courtroom. I get cold feet, my mind goes blank, I stutter, etc.

That and I absolutely know that he's going to ask one question - Where did you get the marijuana? Meh, it wasn't home grown, the quality of it wasn't anywhere near that. On one hand I just want to say "I grew it," but on the other hand I don't want to be caught in a lie. The best I have is to drop the names of some people that have fucked me over one way or another in the past year. Meh, I don't want "snitch" attached to my name either, though. But how can I refuse to answer a Judge's question during sentencing?

5th amendment.

i was in a similar situation, fecing less time though. switchblade, pot, para, intent to distribute in a school zone. got 2-3 years dropped to a year of probation with drug testing.

good luck.