Legal Question in Criminal Law in Indiana

Curious

Okay, well i know someone who is facing a federal inditment for conspearacy of cocaine and intent to sell cocaine. Now say they have him for three days 11, 14, 19 of Feburary and thats it, it has been several months and they now just picked him up along with several other that were snitched on but there are some facing 80yrs. Now my question is how is it possible for them to try him with this other groups of guys and if they were watching him why dont they see that he works everydays, has bills, and everything else pays taxes, why cant they see this was a set up for the other guy to get years taken off of his case? What can be done to proof this case about him is totally wrong. ( majority: of them are mexican american so they are trying to affliate him with the latin kings, when he has no connections whatsoever with them. Could this be a form of discrimination, because now they wont grant him a bond hearing, they are afraid he mind skip to mexico. When he not he has a good job and everything going for him he make twenty five dollars and hour, he a foreman at his job hes been at for going on six years? How is it possible to beat this. When i know he innocent.


Asked on 9/17/03, 1:25 am

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Curious

Whether this case is a state of federal matter, it will all turn on the evidence which authorities have in trying to back their allegations.

Given the nature of the charges in your email, it does not mean that he had to be as involved as the others, but did or provided some type of assistance in furtherance of the criminal activity charged against him. These cases usually take a little time to review for a clearer picture. Depending on whether it's a state case of federal will also impact the discovery process. Yet, this information will be crucial in building a defense. If this person has an alibi for time periods in question, it should be advanced if the facts and evidence to suppot it exist.

While everyone is entitled to reasonable bail, there are some exceptions to the rule based on risk of flight as well as others. After representing a great number of people in such cases, it's my view that the federal system is the worst in this regard. It is only too often that many find themselves in jail to the very end of the case even if the result is an aquittal ( not guilty ). He must discuss all this with his attorney. If he doesn't have one, he needs to retain one ASAP. If he cannot afford one, he can request the court to appoint one. The defendent should not speak with or give any information to authorities unless an attorney is with him. The state or federal authorities have already made up their minds and are not looking to help him. So, he should not allow himself to be fooled by them as they will try to do. They will say that they will do what they can for him if he "cooperates". They are not his friends, they do not care about him. They are only interested in one thing and one thing only, a conviction. I've found that with too many of them the truth is of little consequence.

Help your friend find an attorney, but also be aware it will have a substanial cost involved. I wish you both the very best of luck in this matter.

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Answered on 9/17/03, 8:45 am


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