When To Offer A Counter Plea

Should I accept the first plea bargain? Or can I make a counter offer?
What are counter claims in court of law?
How does a prosecution plea deal work?

Immediate Actions You Can Take

If you are being accused of a crime that you did not commit, get it on the record. The best tool is a video recorder. Your recording is defense evidence and a copy of events not controlled by police. You must verbally protest the situation immediately and directly. Be sure you can be heard on the body microphones, they have very poor radio quality audio. A body cam will have better quality sound but still be short ranged. You should contact an attorney before prosecutors have an opportunity to write and file formal legal action. An attorney will then advise his or her client on the following steps. This may include filing a preemptive police report. In many civil situations, the person who files the initial report is viewed as the victim rather than the perpetrator regardless of the circumstances. In this concept you would try to pre-empt the Grand Jury. You hold a municipality at fault for behavior caused by irresponsible training that leads to false arrests.

Take the Right to Remain Silent Seriously

It is unfortunate for people to not know in advance that they are about to be wrongfully accused of a DUI crime. These are times in which police arrive and citation papers are served before the accused knows what is happening. In these times, it is vital that all parties remain silent until they have a lawyer present. Legal counsel will help with all details. They also help eliminate mistakes that are made while under duress. Any word you say will be forced into whatever frame cops believe they can construct. The police are trained to use word games to create reasons to convince themselves something illegal is happening.

Refuse Unwarranted Searches

Just as legal representation is important to refusing wrongful accusations, warrants are vital for any property searches. If the case does go to trial, a search that is conducted with permission is treated differently than a search that is done with a warrant. A warrant contains a set of rules that the police must follow. These rules are not necessarily adhered to when a verbal okay is given. The cop has no rules, don’t believe giving permission to search can be rescinded and  taken back once it  starts. It becomes a free for all now.

Hire the Appropriate Attorney or Firm

Proving innocence is not cheap, but the cost of hiring a winning attorney is better than being wrongfully convicted of a crime. The best course of action is to hire an attorney with experience dealing with this particular type of case. It is unwise to rely upon public defenders or cheap multipurpose lawyers. You should beware of lawyers that just want to negotiate your surrender and aren’t cannabis friendly. Don’t let cops, nor lawyers tell you that cannabis consumers have a moral dilemma.

Keep a Paper Trail

Note the time you are stopped and continue to take notes from there. If you are being arrested or ordered out of your car, note that time and put the notes in your wallet. Your wallet is a great place to have things safe and ready to use the moment you get out of jail.

Keeping dated documentation of every conversation and action that takes place is arguably the best piece of advice a lawyer will give to you. Tape record all telephone conversations that take place between the accused and others. Document everything that has to do with the case and even beyond. There may be something lost in piles of documents and gigabytes of recordings that exonerate the accused. You need to be able to  approach the judge with video that both exonerates the DUI defendant and documents police misconduct at the root of the false arrest. It could get your case bounced before the prosecution can move against you.

Avoid Plea Bargains

Courts are usually overwhelmed with petty cases. Therefore, many accused of  pot DUI are offered plea bargains. These sometimes seem like the fastest way to get through the process. They seldom work in favor of those who are wrongfully accused. A plea bargain is an admission of guilt. This can cause collateral damage in your life. Loss of employment, denial of future job options, loan red lining, interference in parental rights, and much more. A counter claim of excessive force, planted drugs, or racial motivation can give a prosecutor or judge something to think about.

Seek Damages

Until some municipality or State has to pay out a huge legal judgement for damages, there seems to be little incentive to control police officers who conduct themselves improperly. At the least, the grudge patrol is a nuisance to the cannabis community.

Those who have been wrongfully accused of a crime may spend thousands of dollars in court costs and legal fees. Likewise, they may lose their job which makes it difficult to pay day-to-day bills. The accused’s personal life may be affected as well. Even once innocence has been proven, many find their reputations tarnished. The falsely accused can sue for monetary compensation and official acknowledgement of wrongful accusation. Hire a lawyer that knows how and when to counter offer.