Legal Question in Criminal Law in Florida

Testilying

I got arrested for possession of

cocaine last year. Even though I

admit to looking to purchase drugs

that night, I never did. The arresting

officer told me that it was an

undercover operation and that they

had seen me pull into the area and

when I pulled out they went after

me. However, on the police report

the arresting officer just made up

one lie after another, saying that he

was on routine patrol and saw me

failing to stop at a stop sign. He goes

on to say that there were drugs in

plain view after he supposedly asked

me to get out of the car. He also

wrote that he gave me a formal

warning about the stop sign. All lies!

They actually almost crashed into my

car. Pulled me out of it with guns to

my head, put cuffs on me and put

me in the back of their car. On top of

that the cop stole my wallet. Now my

attorney wants me to take a deal and

plead guilty based on that really well

written lie. How can I fight this??? I

was thinking to take a lie detector

test to prove that my story is true. I

don't know what to do. Help!


Asked on 2/19/09, 10:51 am

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Testilying

As in any criminal case, you have the option of taking a plea or going to trial. If you do not want to take a plea because you are not guilty, then don't. All your attorney can do is explain the ramifications of each decision, advise which in his legal opinion is the better decision, and let you make the choice.

Lie detectors are not admissible in court, but if you did take one and passed, it is possible that a prosecutor would look at that and give it some weight.

However, many times a prosecutor will revoke a more lenient plea offer if a defendant engages in depositions or otherwise contests the charges. Thus, you have to gamble whether contesting the charges is worth it.

I would be happy to discuss your case with you in more detail if you would like. Please contact me if you wish to do so.

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Answered on 2/19/09, 10:57 am


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