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Does a person who was set up to make a drug deal by a friend with a narc in the car when the deal occured, 25, 5 mg. percocet,

Bensalem, PA |

Have to cooperate with police? Cops told my 19 y/o bro to get them names of people he could find deal any drugs. So he did WITH his atty's.pushing & gave cop names.The cop said, Oh, U know you HAVE to make some buy (s) for us. This is his 1st offense & it was moms medicine he sold.They say in their affadavit they watched my bro leave the house & make sale right outside, but, it occurred 2 blocks away.(LIE) HAD Probable cause, got a search warrant, raided my home & found prescrbed meds (some was narcotic of a different kind) they took it without putting it on inventory list. Atty. has discovery, hasn't shown us.Should we drop atty. & go with Pub. Defender? Cops say if he won't help his punishment will be worse. Can cops determine that? Min. 2 yrs state prison.Trial is 11/ 18. Atty is xcop

HE was arrested 2 wks after the raid & on the front step they were strong arming him (4 narcs) "give us names, help yourself by helping us".. "come on". "we are going before the judge in 2 hours"..So,every name he gave, NOT one was good enough.....Then at court, NONE of those cops were there. Can't he just plea in hopes the JUDGE is the one who decides given allcircumstances? Where does the DA come in, the cops act like they are giving a nod to the DA re: my brother's future If my brother doesn't help, can't the atty. talk to the DA? I thought the cops were out of the legal proceedings once it went to the courthouse. Originally our atty. said 3 mo. probabtion. They want another call to set up a meeting to plan a deal, & the atty is encouraging it! Advice, PLEASE!

Attorney Answers 1

Posted

Here in NJ and every other jurisdiction with which I am familiar, the prosecution (not the cops) determine what the deal is. Your brother needs to ask the attorney whether the prosecutor has approved the cooperation as a basis to affect the plea; what the deal is without cooperation; and, what the benefit of the cooperation is in regards to reducing the plea terms. If your brother is not satisfied with the answers of his current lawyer, he needs to consult directly with another PA defense lawyer to get a second opinion before he makes any ecisions about what to do. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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