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Asked about 1 year ago - Bradenton, FL
FlagThe informant involved with giving my number to a Undercover to set up deal...I have no prior drug sales background.But Informant approached me multiply times to find drugs or sell his drugs for him an when I refused. The informant would threaten my life and those around me multiple times if I told anyone! He has also robbed me blind on 2 occasions. He then would show up at my house at all hours of the night. After so many threats I finally gave in, an he told me to get them for his friend an he'd leave me alone. He would then call an check if his friend came by! In the video it doesn't show anything but my face an me on a laptop. After I got arrested he wrote me on Facebook claiming he only did it under the influence of drugs. I have a witness that knows of the threats,but I need help..
I am not here to bash public defenders. Many are very good attorneys. Whether your attorney is a PD or private, the following applies.... You do NOT want to go to trial or take a plea you don't agree with while represented by someone you are not comfortable with. This is particularly true if you are dealing with a serious charge, like you have. Essentially, if you have any resources, or have friends or family who do, you need to spend what it takes to get someone you are comfortable with. This is 15 years of your life you are talking about.
You touch on two possible defenses. You say the video doesn't show a transaction. However, you also describe a classic entrapment defense. Just based on what you are saying, it sounds like your entrapment defense is very strong and the better defense. However, you have to admit you sold the drugs in order to employ the defense. Furthermore unless the informant is willing to admit that he hounded you and physically threatened you to do this, you will have to take the stand.
Has your lawyer not discussed all this with you?
Well, you have an attorney and he or she probably knows all of this. Sometimes you just have to take the state all the way to trial before they make a reasonable offer. You were coerced into doing what you did. In other words, you would not have done this if the informant had not threatened you. It is a bit too late to start asking questions. You can look up all sorts of things online. Namely the rules of criminal procedure, particularly the jury instructions on the crime you are charged with. That will give you the elements, each of which must be proven beyond and to the exclusion of a reasonable doutb. See if there is one, just one element that the state cannot prove. That should be the one that is hammered upon to the jury. You see, we only know part of your side and have not reviewed the police reports or deposed the witnesses. So, the analysis you will get on here is limited. Good luck
You need to either talk to your PD immediately, or let the judge know that you are having problems communicating with your PD. Understand that a judge may be looking at it as a delay tactic so be prepared to go to trial regardless. Alternatively, if you can afford it, hire an attorney, even though again the judge may not be happy with that either. One way or another talk to your PD and/or another attorney.
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