help! under influence urine as evidence!
HELP! I' got pulled over using the vehicle registered to my passenger's brother, my passenger had drugs probation - I have no warrants, probation or pending case except for previous drug user case about 8 years old... after writing me citations for brake light fixing ticket and no proof-of insurance I was ordered to wait for his backup officer to conduct a probation search on the vehicle... with negative results from search - asides from having me stayed - the police ends up arresting me for being under the influenced of controlled substance!
the police ignored my statements of not giving consent to further search of me... several times i said this but they just ignored me and kept searching me..
I'm new, my sister hired a lawyer to represent me - that was a big mistake! i fired him for misrepresentation of my case based on 1) not disputing the prosecutor's witness statements with my testimony 2) not calling my witness to the stand during preliminary hearing for my defense 3) making an agreement with the D.A something about after my arrest of not to be brought up during preliminary hearing 4) not calling me to the stand to make my statements at the preliminary hearing
I would say, they played a pretty good act in court! this lawyer was smooth but not too slick for me to notice what he was doing... he filed his points and authoritys, suplemental points and authorities in support to motions to supress evidence... but in these files my testimony or my witness wasn't mentioned at all! nothing was mentioned that disputes the prosecutors claim against me!
the judge denied motions to suppress evidence, this lawyer is suggesting / reffering another lawyer for me to contact to file an appeal some time now or after the pre-trial... discussing his hourly rates, deposit required etc..
i scheduled an appointment to talk with this lawyer where i confronted him with my questions why he didn't use my witness, my testimony, and why i don't know the agreement between him and the D.A - he was obviously working with the house! to make sure - i told him: "i don't think i would win this case... i believe i don't have a chace at all! you work for them! how could you represent me?! what did you do to represent me?!" - i'd rather represent my-self.
After firing my lawyer, this lawyer insisted on appearing one more time in court under "proceedings" he told me to inform the court of change of representative...
I went to court, this lawyer requested to dismiss him - the judge suggested that this lawyer speak with me on this matter - this lawyer said: "your honnor, i insist, that the court dismiss my representation on this matter"
the judge, told this lawyer to speak to me outside his courtroom and inform me the risks of self-representation...
I found out: if i represent my self- the district attorney will not support me in my tasks; and if i loose - i will spend 1 year in the county jail.
went back inside the courtroom - the judge granted my self-representation, and confirmed if i understood the consequences... he asked me if i have any background in LAW - i didn't answer, the judge asked if i have any college degree - although i feel like saying what that got to do with my self-representation i just said yes, which is the truth...
I filled my papers puting my story with my own words, filed my motions ,
my declarations, my cross-complaint against the D.A , police officers, my exhibits about urine testing - from a website of testmakers - said although the test result from urine testing is positive it doesn't indicate that the tested individual is under the influence at the time of test -urine test only shows metabolites from previously taken substance which is several days ago!
but the judge denied my motions... and scheduled a jury trial on October 2005.
I need advice how to fight this.... the D.A wont help me - i was told i had to research on my own on what i need - when i asked for discoveries - the discoveries doesn't have anything I could use for my defense...
could some one help me?
SAGMASIAN
|
