I was asleep on the drive lane of a residential road and in Park when awoken by city cop. I passed a field sobriety test, breathalyzer test, and allowed to my car to leave. But a late arriving deputy whose only assistance was spotting a folded paper in storage area under radio before driving away. he claimed looked like wax paper from his view. It had concentrated THC residue on it, but I felt looked like a receipt. He used it as reason to arrest me for DWI. I also got a gross-misde possess for the residued THC paper, a felony possess due to another folded paper in my pocket with meth residue found from being searched prior put into squad car. it's 4am Saturday morning. I went to jail, got questioned, asked for lawyer, called one, he told me agree to tests, call him when I get out next day, since it's my first DWI. Sat till 6:30am, taken to clinic, got blood drawn, told they got a search warrant from a judge, even though I agreed to test. Taken back to jail, held 2 days, given papers for my charges, no DWI, only drugs, had bail hear, couldn't make bail, sat 2 weeks until ominous. pled state of adjud only to felony poss. Need help ASAP prior my sentencing. UA was clean upon release.
It sounds like you may have resolved this case with some type of plea deal to which you apparently agreed. What do you need help with?
If you have sentencing approaching then it means you have already pled guilty. You are past the point of help unless you consult with your lawyer. Otherwise, you should consult with an experienced criminal defense attorney immediately or you will be all alone without much help. Good luck!
It will be very difficult for "all charges to be completely dropped" because you already plead guilty. It's exceedingly difficult to go back on a guilty plea You would need to first get the court to grant a motion to withdraw your guilty plea. If successful on that, then you'd need to raise and litigate pretrial omnibus motions and/or try the case. To get started on any of this you'll need help from an experienced attorney. Make a few phone calls and get a lawyer retained.
Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.
Prior post contains incorrect and misleading statement and should be discounted.
Hypothetically it is possible for charges to be dismissed.
If you are thinking about trying to undo the plea agreement you made, I urge you to tell the attorney who is representing you and explain your reasons to her. See, if you were to take 'action steps' on that matter, the attorney advising you will be considering what was said in the courtroom: Your att'y was present so ought to recall nearly all.
If you want to 'get a second opinion' or change attorneys now, I urge you to choose an att'y pronto, today, by day end of today - the 'clock is ticking' ! The sooner you get help the better - it can 'be too late' if you procrastinate or do nothing.
As to the facts you stated, it is not unusual that you gave consent for blood testing but still a warrant was obtained. It is not at all odd that you had a negative UA at the end of your incarceration time.
It sounds as tho' you feel the big issue to your case is that the slip of paper looked like a simple, 'normal' receipt. Please know that there is an abundance of 'case law' as to facts that are near same to what you find so concerning.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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