Legal Question in Criminal Law in California

Re: Busted at border-Not my drugs

The purpose of public defenders is to sell guilty pleas. As a general rule, I advise people not to plead guilty to crimes they did not do. When you plead, you give up the right to appeal among other things. If I were you, I would find some way to hire a private attorney to get a second opinion. The federal system gives you a slightly lesser sentence for admitting responsibility. What is your alternative? Go to trial and get up on the stand and tell your story? You may have little to lose because you are obviously looking at serious jail time either way. On the other hand, what juror is going to believe your story?

Re: Busted at border-Not my drugs

I suggest that you ask your attorney to explain his or her logic to you so that you can make a good decision. Make sure you understand what the maximum penalty is should you be found guilty, and what evidence if any there is your favor (e.g., evidence that you were tricked). It may be that, even though you were deceived, there is no PROOF that you were deceived. Talk to your attorney and get clear.

Re: Busted at border-Not my drugs

Your ignorance of the drugs is a complete defense if you can present enough creditable evidence to convince a jury. Call me directly at (619) 22-3504

Re: Busted at border-Not my drugs

If you really had no idea what was going on, then you were probably paid in accordance with a typical bookeeper. Assuming you made no large deposits in your bank account, assuming you can show that you were paid regularaly like an ordinary clerical worker, assuming there is no evidence that you were benefitting from the wealth created by the drug trafficking, your story may fly.

Re: Busted at border-Not my drugs

The fact that you have no prior record is not relevant -- no one will just shrug off 49 pounds of cocaine and let you go with a warning.

I presume that you have told your federal defender that you believe you were duped by your employer. Has she investigated to see whether there is evidence to support your claim?

Your defender knows the evidence in your case and I do not, so I can't say whether I agree with her. You should feel free to get a second opinion, but you will need to go into a lot more detail about your case than this site permits before the second attorney can offer any guidance.

Keep in mind that the sentence for trafficking such a large amount of cocaine will be very harsh, while a plea bargain might assure you of a release date many years earlier than you would receive if convicted.

Also keep in mind that the question is not whether you say you are innocent but rather what your jury will believe. Your story sounds like one that the jurors will not accept easily -- especially if you have no evidence to back it up.

Also, I'm curious how someone facing trial on such serious charges is out and about where he can access the internet. If you could afford to post a bond on charges like this, you surely would not need to rely on a federal defender to represent you.

Re: SECOND OPINION NOW.

You need to get an experienced, highly qualified criminal defense Attorney on this matter asap so that you can have a SECOND opinion BEFORE you make a huge leap or a huge mistake! You won't know which you're making unless you get this additional information. I have over 25 years of solving such problems. Our office is ready to move on this problem today. Email me, or call us at: (562) 929-7422. Attorney George Woodworth

Re: Busted at border-Not my drugs

Unfortunately there are some very strict mandatory minimum sentences in Federal Court when it comes to drug crimes. If you are not properly represented, this amount of cocaine can result in many, many years in Federal Prison. If you would like to speak with me further regarding this matter, at no cost please call at (800) 313-9619

Re: Busted at border-Not my drugs

you are eligible for a level 30 cap if you plead guilty. however, you have defenses. you need to see a specialist in these types of cases. please email if you want a specific consultation. the advice that you would receive a little less if you plead guilty was wrong. you would receive a lot less if you plead guilty if you get minor role before november 1, 2004.