Legal Question in Criminal Law in Kentucky

On the 1st of august I was arrested for .15 grams of crack cocaine, paraphenallia, and impeeding a government investigation in Lexington , Kentucky. 9 class D felony and 2 class A misdemenors.

When i was puilled over the officer told me to, "STAY IN THE CAR." i explained that my electric windows did not work, (roll down.) had to do that to give him my liscence. He then asked me what I was doing , etc He then said this was a drug investigation and that he wanted to search my car. io said no, just wanted to go home he said i could not. By this time 2 more policwe cars were in fronnt of my vehicle and 2 others on the driver side. When i refused the search he said that they would have to call the K9 unit. i said that was fine An officer to the left of me said, "They are all the way over at the Univ. of Kentucky." i said we will wait. granted i was scared. Since the officer told me to stay in the car, i shut the door. With that one of them yelled, "he's impeeding our investigation, we can pull hom out and search the car!!" I may have grabbed onto the door....they pulled me out and threw me up against the car, my arms flew up, cut my forehead with my watch.. They were 3 or 4 men on me, i know i squirmed, said i didn't do anything, 23 of them held tasers on me. They then threw me to the ground, cut my wrist, bruied my leg telling me to be still and i couldn't run away, my glasses flew off of my face. Granted i was dazed and confuesd, treid to stand up twice. Both times pushed down and told 'YOU Are not going anywhere!" How could I, I was surrounded (2 cruisers in front of my car, 2 on the side and then 2 behind me) with police and eventually handcuffed. As i was sitting on the curb, they were going through my car. Another officer came up and said that he was doing a narcotics investigation and said I could make my life easier if i would just tell them where the stuff is that they were looking for. being scared to death i did.

When we arrived at the detention center he said they also had the guy I purchased form and pointed him out. he asked me of that was him i said yes. As he interregated me he kept asking me," where did he get if t from," and" where did he go to get it?" Again i explained that i had called him and met him. That is the truth. (didn't even know his name) As we were sitting there, he filled out an arrest report and out the possion charge and the paraphanellia charge. The phone rang and the officer said, "he's being coopoerative and then, yes sir." That is when he added the chrge of impeeding the investigation. When i asked him he said, i know you panicked and was just scared.

When the initial arrainment took place, they had "bound' my case with the person i purchased from, charging him with trafficing and an habitual offender.

I lost my job for no tolerance, even though i didn't "pee:" in a cup...have no money for this nightmare and have a Public Advocate. When we went to the initial hearing he said to waive my right s to the reading as the officer had to leave, i followed his cousel.

He gave me a copy of the police report and NOTHNG of my conversations of search and waiting fir the K9 unit is in there. The report reads that the initial officer siad I was trying to run initially and then reached for 'a gun" when i shut my door. THAT IS NOT TRUE, no reason to lie. The report says nothing about the phone call when the 3rd charge was added. It also stated that the arresting officer Mirandized me, all i remeber is You can make this easier if you tell me where the stuff is we are looking for!

I realize that I was in error, i cannot afford another lawyer at present with no income...but isn't there a chance for suppression here? i know he recorded me at the detention center but all before that i believe there is no recording of, just the police report fitting there explination.

should i have filed a complaint with their INTERNAL AFFAIRS? If so, is it too late. I took pictures of me 72 hrs after the event.

Going to trial for this i know is not helpful in my case. most people in this situation are "dealt down" and never go to trial. i have a relative that is a 25 year veteran of this police force and he told me that too. Is there anywhere else i can turn to for help. i realize that if i have a felony conviction i may go to jail, and worse CANNOT WORK because of it. I know the PUBLC ADVOCATES ARE overworked and yet i feel that he has not initiated anything in my behald, When i called him ab out the arrainment coming up Sept 10th, he couldn't remember what when on before and had not read it (I talked to him 3 days AFTER i received it.) i just need to feel like someone WILL BE my advocate here in Lexington , Kentucky


Asked on 9/02/10, 12:57 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

I know the folks at DPA are overworked, but they really are some of the best criminal defense attorneys here in Lexington, and are very passionate about the work they do. (You have to be, to work so hard for so little pay!) Ask to try to get the evidence suppressed on the basis of an illegal search and seizure. Although it seems all you really have is your testimony, perhaps one of the officers will slip up and back up your story. Honestly, though, once the K9 unit came, they would have busted you anyway. The court might not find your argument all that compelling, and will probably give more weight to the testimony of the officers. But it's always worth a try.

Ultimately, if the suppression hearing is unsuccessful, then push for not only a good deal, but also some help to combat your drug problem. The person they want in this situation is the dealer, not the user. You might be in a position to offer your cooperation and help yourself. Keep talking to your attorney and do everything you can to get those reduced to misdemeanors. If you can do that, you have the opportunity to eventually put this situation behind you and rebuild your life.

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Answered on 9/07/10, 1:30 pm


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