Legal Question in Criminal Law in Florida

Does relevent conduct, priors mean guilty verdict

I was recently released from fed prison for possesion of ''crack'' cocaine. In that case,i pleaded guilty. Four months ago i was stopped for speeding. I was followed for 3 miles before my ''infraction''. The officers recieved my info while looking in my car. This had a ''felony'' stop feeling. A officer who knew me personally decided to do his ''search'' and immediately signals for cuffs. He says he found a piece of crack. I asked to see. He showed me what looked to me like a breadcrumb that a scale wouldnt weigh. He tells me if i call somebody with a couple of ounces we can forget about this small problem. I tell the guy i cant help him and goes to jail. I dont want to question his ''find'' or integrity. I am saying i take mandatory drug tests twice a week, i work 7 to 5, and attend evening college where i maintain a 3.89 gpa in computer network engineering. The officers know i wasnt the only person in the car but i am the registered owner. I have been working extremely hard to improve my reputation and life. I was offered time served but i refused mainly because the crumb was not mine! The judge instructed me that i will face 5 years in a trial. Im not pleading guilty when im not. A conviction implies i havent learned anything. Am i wrong


Asked on 11/14/04, 3:16 pm

3 Answers from Attorneys
Adam Frankel Adam Frankel, P.A.

Re: Does relevent conduct, priors mean guilty verdict

The first thing you need to review is the exact "infraction" that you were pulled over for. Also, did you consent to the search of your automobile.

There may be other issues in your case that you may wish to discuss with an attorney. Feel free to contact me via email at [email protected] or via phone at 561-302-5325 if you wish to discuss further.

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Answered on 11/18/04, 7:30 pm
Valerie Masters Valerie Masters, P.A.

Re: Does relevent conduct, priors mean guilty verdict

I am not sure what your actual question is but I'll try. First if you are on any kind of probation you cannot plead guilty because you will automatically violate. On the other hand, whether or not the contraband was there or planted doesn't really matter. If you have other felony convictions one more won't matter and no judge is ever going to think "he didnt learn his lesson". They don't really care. If you lose at trial you will not get t/s and you will really screw up all the progress you have made. I would do whats best for you not stand on ceremony or fight the system. As you know the system isn't always fair. While your attitude is noble, it might backfire. I dont know know what "relevent conduct priors means guilty" means exactly. Your prior conviction would not be introduced at this trial. I see you are local. Whos your attorney? Whos your judge? Id be happy to discuss this further 659-9410 24/7 notifcation valerie masters

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Answered on 11/16/04, 6:56 pm
Valerie Masters Valerie Masters, P.A.

Re: Does relevent conduct, priors mean guilty verdict

One more thing. If you do have the stomach to fight it and risk prison your defense is "constructive possession". It means they would have to prove you knew the crack was there. Owners are usually imputed with knowledge with the contents of their car. But, if you could show other people used your car recently, you could walk. It would be even better if the true owner of the contraband came forward (unlikely I'm sure). You do have a defense, its just your level of risk you want to take. Can I send you some information about my firm? vm

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Answered on 11/16/04, 7:02 pm


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