This case is somewhat complicated, but I don't know what to...

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Question by CCMcBride
Submitted on 12/3/2003
Related FAQ: Lawful Arrest/Search/Seizure FAQ
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This case is somewhat complicated, but I don't know what to do. My friend John was driving my car along a private road. He had a gun in the car. My car, my gun, no reason why I shouldn't have one. He saw the sheriff driving towards him, pulled the car off to the side, and exited the car. The sheriff pulled his car across the road, blocking my car, and ordered John into his car. He ran wants and warrants on John, ran a check on my car, then ordered John into my car. At this point, he saw the gun and arrested John. Originally, John was detained by the state. Because he refused to plead guilty to Unlawful possession of a weapon (John is a felon) in the first degree, with a sentence of 10 years, the state has turned it over to the federal courts. John was put in the Federal Detention Center on November 20th. He has not yet had an arraignment, and it took until today to even get to the grand jury. We have been told that because he wants to file for a suppression hearing (we were told that the evidence most likely will NOT be suppressed), it is expected that his trial will not be until sometime in March, and he has to stay at the FDC until then, because I have no money to bail him out. I was also told that we will have to wait until he is sentenced, then maybe it will be overturned on appeal, which is going to take even longer. I don't know what to do. I spent 2,000 on his first attorney, but then lost my job due to a car accident. I have no more money, and this is just wrong. Can anyone help him? I firmly believe that it was a bad stop, but I can't even get his attorney to commit to that. Its tearing my up that he's in jail this long, and expects to be in prison for even longer, just because he was fixing my car, my recently purchased gun was in the car, and he had the bad luck to be on a private road at the same time the sheriff came driving by.

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Answer by norseman
Submitted on 3/4/2004
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Don't expect anyone to be honest or fair and don't expect any of your rights to be upheld. All the system is concerned with is conviction rates. This is the reality of the United States judicial system at this time and it seems to be getting worse each year.

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