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  #1  
Old 11-01-2005, 04:42 PM
momi2three momi2three is offline
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Angry 5 Million Dollar Bail on a first time drug trafficing charge!?

i know everybody has a story, but is it me that 5 million dollars bond on a first time drug trafficking charge is outrageous. no drugs were found in my home or on my husband everything is on the word of a snitch who by the way has a long list of criminal offenses, we had public defender, newspaper printed massive amounts were found during search of my home(NONE) and the BTK killer who admittedly killed 13 people had a bond of less than a million. My husband was railroaded because we couldn't hire the attorney who charged 25,000 cash and said he would get him off. They put my children in handcuffs on the floor after kicking in my door with no warning, and put huge liens on my house immediately so we could not get the high priced lawyer. My husband was scared into taking a plea , lawyer didn't even get discovery until a week before court. Family was kept in the dark until sentencing. Now they are trying to take my house on top of my husband doing 3 years. We have worked legit jobs that pay well and are involved with our kids daily. The snitch convinced my husband to trade drugs 3 times for work on our home. Never been in trouble before other than traffic. Then I pick up my newspaper and read rapist, child molester- 3 time offender gets a year. Is there anywhere for me to turn to get justice for my family?
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Old 11-01-2005, 04:59 PM
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I would check in the state this happened at under their legal help there should be a post about it. Also other sources as well. Sorry I can't be more help to you than that but look under the North Carolina section of this forum...
Perhaps others know more than I ... GOODLUCK
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Old 11-02-2005, 12:07 PM
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Drug trafficking in the US is on the same level as terrorism. His bail is not unusually high for a first offense. It probably should have been $1million, but there has to be more to this case in order for them to justify that type of bail. The word of a snitch isn't enough to warrant that type of bail.
The mere fact that your husband traded drugs for work on your home gives the government the right to sieze any assets or property belonging to you and your husband. Drugs were present at some point on your property.
I am sure you won't like what I am saying, but I have been on both sides of the fence. From a defense attorney's point of view, three years is nothing compared to what he could've gotten if he had taken it to trial. As a prosecutor, if the snitch provides me with concrete evidence against your husband, then I could go ahead and seize your assets and property. So basically, they have more than the word of a snitch.
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Old 11-02-2005, 12:42 PM
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Damn that is high as hell......
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Old 11-02-2005, 12:45 PM
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call the ACLU, NOW.
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Old 11-02-2005, 01:41 PM
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Neither my husband or I were offered ANY sort of bond; we were arrested one day and never got out 'til we did 85% of our time years and years later. If you knew your husband traded drugs for work around the house count yourself lucky that YOU weren't locked up too. Knowledge of the crime and not doing anything about it is also a form of guilt - at least it is to some.
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Old 11-02-2005, 02:03 PM
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Quote:
Originally Posted by BillieJo
call the ACLU, NOW.
The ACLU will not do anything about that. They are more focused on civil rights violations and class action suits. It doesn't sound like they violated any civil rights.
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Old 11-02-2005, 02:11 PM
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isn't it a civil right to a fair bond amount? doesn't that fall under due process?
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Old 11-02-2005, 02:25 PM
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Quote:
Originally Posted by BillieJo
isn't it a civil right to a fair bond amount? doesn't that fall under due process?
The bail is by no means unfair for a charge of drug trafficking. Bail is a constitutional right not a civil right and even then bail can be denied for the safety of the public.
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Old 11-02-2005, 06:17 PM
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Quote:
Originally Posted by momi2three
i know everybody has a story, but is it me that 5 million dollars bond on a first time drug trafficking charge is outrageous. no drugs were found in my home or on my husband everything is on the word of a snitch who by the way has a long list of criminal offenses, we had public defender, newspaper printed massive amounts were found during search of my home(NONE) and the BTK killer who admittedly killed 13 people had a bond of less than a million. My husband was railroaded because we couldn't hire the attorney who charged 25,000 cash and said he would get him off. They put my children in handcuffs on the floor after kicking in my door with no warning, and put huge liens on my house immediately so we could not get the high priced lawyer. My husband was scared into taking a plea , lawyer didn't even get discovery until a week before court. Family was kept in the dark until sentencing. Now they are trying to take my house on top of my husband doing 3 years. We have worked legit jobs that pay well and are involved with our kids daily. The snitch convinced my husband to trade drugs 3 times for work on our home. Never been in trouble before other than traffic. Then I pick up my newspaper and read rapist, child molester- 3 time offender gets a year. Is there anywhere for me to turn to get justice for my family?
Wow, I would actually count your blessings, with drug trafficking he's lucky that he only got 3 years, and the house that's pretty much a routine thing when it comes to drugs trafficking and money laundering.. if you can prove that you didn't use drug money to pay for any part of your mortgage they shouldn't beable to take it, but it sounds like they have some sort of evidence somewhere besides this informant, most informants are in trouble with the law and in-order to get themselves a break they have to give up someone or something that makes it worth the states while. That's part of the game, if you play you better be ready to eventually pay, for your kids that's sad they had to experience that in there life, but it's not out of the normal from what I have seen. They don't come to your door to tell you you've won the sweepstakes they come for a reason, hoping to find what there looking for, I know it's embarrassing.. I've been there and I had to experience them kick in my door and all that fun shit, and lucky the kids were not home and didn't have to witness that, but they do ransack your house looking for whatever they have info that you've got or what you've done... It's not a nice picture... They handcuffed us also, and there were like 20 cops, detectives, and drug dogs.... they didn't find ANYTHING!!!! nothing at all. They got there info from a female that use to be 'our friend' that wanted revenge she was mad because her man left her for someone he had met through me, and she blamed us.. I didn't hold a gun to her mans head and tell him to cheat on her or even take part in it.... the female friend that he started seeing approached him and they did there thing, it wasn't my life to get involved in.. but obviously someone thought that they would try to hurt us and ours but it didn't work.... because we didn't do anything and they couldn't/didn't find anything... they didn't even apologize to us, but we did see the paperwork and the search warrant... it's sad how people like to medal in other people's life, like they say misery like company that's for damn sure!!!!!
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Old 11-02-2005, 07:30 PM
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Angry momi2three

just to reply, there were never drugs on my property, when they kicked in the door nor before, and I fund out later that the reason my husband got the drugs for the snitch was because he approached him while doing our roof and offered to help. the drugs came in later when the snitch kept asking and somehow my husband got them and the transactions were done on the snitches property. The 25,000 dollar lawyer called this entrapment. About my house, we have tax returns from 5 years back that prove our house was bought and paid for with legal money. As far as the bail protecting the publics safety from what???? He has never committed a violent crime-- is there a such thing as excessive bail? And how come he was charged with 13 felonies(trafficking,packagingetc. for each sale (3) ) and a week before court 12 were dropped? No drugs were ever found in my house or on my husband. It WAS all on the word of a Snitch who by the way went to high school with the main detective. When he was offered the 3 years, he was told that "there is going to be a new DA NEXT Week and he is going to try and make a name for himself so you better take it" Finally when we got a hold of discovery a week before court, it left out ALOT of what the officers said and plainly stated that while sitting in my living room my husband said out right"I SELL DOPE" Now how does that sound?
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Old 11-02-2005, 07:53 PM
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It sounds like your husband is going to do some time - that is how it sounds.

AND if the drugs were or were not in your house does not matter - what matters if any of the financial gain from the drug deals helped pay for any part of the house.

Again - neither my husband or I were ever given bail and it too was our first, last, and only arrest. We never ever got out of county jail 'til we were moved to a Federal prison. Getting a reason bail is not mandated IF there are circumstances that might imply somebody is a flight risk or a "menace to society". My husband and I were deemed both - ergo no bail.

If you knew your husband had done this drug deal before his arrest please count yourself very lucky that you too weren't arrested - knowledge can land your tush in prison just as fact as anything else.

Last edited by ajap; 11-02-2005 at 07:54 PM..
  #13  
Old 11-02-2005, 08:28 PM
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Quote:
Originally Posted by lyteeydlwyr
The bail is by no means unfair for a charge of drug trafficking. Bail is a constitutional right not a civil right and even then bail can be denied for the safety of the public.
you're saying that there are charges that can warrant an extraordinary bond amount? as was quoted earlier, even serial killers can get out on bond. how often does it occur that someone isn't able to get bail?
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Old 11-03-2005, 08:35 AM
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Quote:
Originally Posted by BillieJo
you're saying that there are charges that can warrant an extraordinary bond amount? as was quoted earlier, even serial killers can get out on bond. how often does it occur that someone isn't able to get bail?
Absolutely---depends on the prosecutors office. There are guidelines on bail for each degree of crime and they have the right to ask for any type of bail they want within the guidelines. Drug trafficking is no joke in the United States. It is taken very seriously and obviously the judge in this case agreed with the prosecutor and granted a bail that he felt had merit.
Anyone can get out on bond if you have money or property-- a serial killer or a drug dealer or even a pedophile. Unfortunately, assets are usually frozen in drug cases and properties seized. The prosecutor can say that they believe those were the fruits of the crime and ergo, you can't use them to bail the defendant out. It's sad, but it is what it is.
I am married to a convicted felon and know all the games cops and prosecutors play. I see it everyday when I am in court. Like W8ndy said, there is probably more evidence than the snitch in this case. A $5million bail doesn't rest soley on the information from an informant. This is a fact. I can't prosecute someone based on a snitches information--he has to give us hard evidence especially now that here in NY the Rockefeller laws are changing.
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Old 11-03-2005, 09:00 AM
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I disagree with the "anyone" statement. As I've said neither my husband nor I were offered bond in our Federal drug charges.
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Old 11-03-2005, 10:15 AM
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Quote:
Originally Posted by ajap
I disagree with the "anyone" statement. As I've said neither my husband nor I were offered bond in our Federal drug charges.
That was the prosecutor's decision not to allow a bail and if your lawyer didn't argue for a bail, well he or she didn't do a good job.. I am talking about the amount of the bail, not whether or not he was offered one. I am also stating that if you have money or property, moe than likely you can get out on bail. In a drug case like this, they are not obligated to give you a bail. People are held without bail all the time and it is legal. Bail might be a constitutional right, but the prosecutors job is to see to it that when you are granted a bail, it is a bail that will guarantee you will not flee. Sometimes a high bail means no, you won't get out and that is the point the prosecutor is making--he feels you might jump bail and isn't going to jeopardize the safety of the public. It doesn't matter if it is a drug case or a murder case--the safety of the public is always put first. Maybe no one in here cares about that, but it is what it is and if people didn't put themselves in certain situations, then they wouldn't have to deal with getting bailed out.
Everyone is quick to always blame the cops, judge and prosecutor--as a prosecutor, I didn't drag any of the defendants into court--they brought themselves in by committing a crime. Say what you want, but as the wife of a prisoner, I don't blame anyone for what happened to my husband but him. The bail they gave him might have been high, but he also happens to have a lengthy record and it was warranted. Didn't hear me complaining when I had to go bail him out. You make choices in life and you accept the consequences.
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Old 11-03-2005, 10:32 AM
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I had one of the best lawyers in the southeast and he DID argue for bail and the prosecutor agreed; it was the judge that was against it and since he held the power we sat in jail and no amount of money was going to change that. I knew from day one that nobody but me got myself arrested - I never blamed the courts or the guards in prison and to this day I get annoyed with those that do. HOWEVER, it was my first last and only arrest. I was a quick learner - 18 months in rural southern jails (and then prison time) can open ones eyes up right fast like about living a legal life.

My only point was - as you have added - that it is not a "right" to have an attainable bail; high bail or no bail is set for a reason. When you get caught breaking the law you pay the price and if it is five million dollars or no dollars the court has the upper hand. All that aside I was guilty and I did do exactly what they said I did - I also changed my life and have been home for 11 years now and I can not foresee ever returning to jail or prison.
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Old 11-03-2005, 10:43 AM
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What is high bail to one person, is also attainable by someone else. There is reason for everything in this world and although you want him out, he may be a danger to someone else. As anything having to do with corrections and law, you've got to roll with it and make the best out of it, because at this point, you can't change it.
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Old 11-03-2005, 11:51 AM
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Quote:
Originally Posted by ajap
I had one of the best lawyers in the southeast and he DID argue for bail and the prosecutor agreed; it was the judge that was against it and since he held the power we sat in jail and no amount of money was going to change that. I knew from day one that nobody but me got myself arrested - I never blamed the courts or the guards in prison and to this day I get annoyed with those that do. HOWEVER, it was my first last and only arrest. I was a quick learner - 18 months in rural southern jails (and then prison time) can open ones eyes up right fast like about living a legal life.

My only point was - as you have added - that it is not a "right" to have an attainable bail; high bail or no bail is set for a reason. When you get caught breaking the law you pay the price and if it is five million dollars or no dollars the court has the upper hand. All that aside I was guilty and I did do exactly what they said I did - I also changed my life and have been home for 11 years now and I can not foresee ever returning to jail or prison.
Ajap, thank you for being a responsible adult!!! You have admitted that you did something wrong and have taken responsibility for it. You haven't blamed anyone else and you have my respect for that. The original post casts blame at the government for this that and the third, when in reality, the government isn't to blame for the drug trafficking. They are only enforcing the law and at least you see that. It pisses me off to no end to listen to people complain about what the judge did or what the prosecutor did when in all actaulity, we have nothing to do with it. We didn't do the crime- we only enforce the law. Don't break the law. We don't have to give anyone bail if we believe that they are a danger to society. How are drugs not a danger to society? Like the old saying goes, you do the crime, you do the time.
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Old 11-03-2005, 11:58 AM
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I agree 100% - this did not make me the most popular girl in the jail/prison, but I think knowing that me and only me got my fat rear end arrested made my time less awful. That is once I got out of county jails!

I delete at least 10 posts for every one I DO post here at PTO for the exact same reasons you stated - the shifting blame to others does not bode well for a serious change in life styles.
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Old 11-04-2005, 06:42 AM
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Jason was a known absconder. They set his bail at 100,000 property bail only so they would make damn sure he didn't get out. He only had two misdemeanor counts of shoplifting. They can do what they want. He put himself there so he is dealing with it.
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Old 11-04-2005, 02:57 PM
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Quote:
Originally Posted by momi2three
just to reply, there were never drugs on my property, when they kicked in the door nor before, and I fund out later that the reason my husband got the drugs for the snitch was because he approached him while doing our roof and offered to help. the drugs came in later when the snitch kept asking and somehow my husband got them and the transactions were done on the snitches property. The 25,000 dollar lawyer called this entrapment. About my house, we have tax returns from 5 years back that prove our house was bought and paid for with legal money. As far as the bail protecting the publics safety from what???? He has never committed a violent crime-- is there a such thing as excessive bail? And how come he was charged with 13 felonies(trafficking,packagingetc. for each sale (3) ) and a week before court 12 were dropped? No drugs were ever found in my house or on my husband. It WAS all on the word of a Snitch who by the way went to high school with the main detective. When he was offered the 3 years, he was told that "there is going to be a new DA NEXT Week and he is going to try and make a name for himself so you better take it" Finally when we got a hold of discovery a week before court, it left out ALOT of what the officers said and plainly stated that while sitting in my living room my husband said out right"I SELL DOPE" Now how does that sound?
regardless if the transaction was done at your home or someone else's doesn't make things any better, your husband 'traded' drugs for something correct?? same as selling the drugs for cash, he was involved in the transaction to begin with, regardless of whom approached whom for the drugs, obviously a deal was made and drugs were exhanged... The had probable cause do so so do to the fact that your husband engaged in legal activity or not. Sooner or later he would have gotten caught, people talk.. word of mouth gets around really quick. It's no different if it was an informant he sold to or an undercover narcotics agent, the fact that he did it and it's illegal is the facts or life.
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Old 11-06-2005, 10:04 PM
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my hubby was offered a 75,000 cash/bond bail for his offense (eluding the police). when he met the bail with a property bond, the judge refused it and made the bail 75,000 cash only. now, if that isn't ridiculous for a 3rd degree charge then i don't know what is. no amount of bail is too high. they can basically set bail at whatever they choose...or not set a bail at all. there HAD to be more to this than just the snitch...and the amount of drugs had to be a HUGE amount for the bail to be 5m. like lyte said...the judge felt it was fair...so that stands for something.
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Old 11-08-2005, 12:33 AM
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I couldn't have said that better myself dear, the narc agents that work these cases and build these cases obviously weren't born yesterday, correct me if I'm wrong... but I believe they have so many 'controlled buys' before they have really begin the process, someone somewhere told me that. ???
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Old 11-08-2005, 12:37 AM
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Quote:
Originally Posted by mrschrisb
my hubby was offered a 75,000 cash/bond bail for his offense (eluding the police). when he met the bail with a property bond, the judge refused it and made the bail 75,000 cash only. now, if that isn't ridiculous for a 3rd degree charge then i don't know what is. no amount of bail is too high. they can basically set bail at whatever they choose...or not set a bail at all. there HAD to be more to this than just the snitch...and the amount of drugs had to be a HUGE amount for the bail to be 5m. like lyte said...the judge felt it was fair...so that stands for something.
If you really think about it, not an average day person can come up with that kinda cash for a bond, that's why they do that. There defiantly had to be some BIG weight pushing and ALOT of evidence and people involved for them to set bail like that, obviously they want that person and they don't do that for somebody who's just playing with personal and little change, it doesn't take a genius to see that one eh??
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