HELP! Suggestion. opinions. advice. for my brothers upcoming Marijuana trial!!!

[Lizziemoreen]

My brother was recently set up and busted a couple days ago by the DEA. He was arrested for possession and intent to distribute a pound of Marijuana when he went to pick up a package he was expecting from someone in California. He's 20 years old and a really good guy who would do anything for anyone he cares about. He's not even a drug dealer, and is a funny, social, all around good guy. I dont know a lot about laws for Marijuana in NH, he doesn't have a record from what im aware of, and this is his first felony offense. I cant imagine my bro in jail, it breaks my heart, i dont think anyone should have to be put in prison for marijuana!

I would really like to know if anyone has person experience like this, or someone close to them and can give me advice. Also what might happen to my brother.

His court date is May 10th so please respond ASAP! Please and thank you. Sincerely, LIZ.

[Russell Kanning]

was it the Feds that arrested him or the NH state version?
He has a court date already. What does the government want from him on that day and where is it?
What are they threatening to do to him?
I am assuming they are offering him lesser pain if he will just plead guilty .... is that true?

It is sad to see another person arrested.

[John]

His court date is May 10th so please respond ASAP! Please and thank you. Sincerely, LIZ.

Hi Liz, Glad you made it over here so fast.

Is May 10 his their arraignment?

What court is his their trial against your brother in?
Let's try to get some as many as possible folks to join you us guys to "pack" the court on his side.

This weekend, I'll try to work on the discovery letter I was telling you about.

Peace!

[Free libertarian]

If his arraignment is in May, he should plead not guilty.   The trial will likely be months away.  That will give him time to put together a defense.  If he hasn't already, he should not talk to the police, DEA or prosecutor other than to get "full discovery".  Discovery is where he is presented Police reports and other "evidence" that may be used against him in the event of a trial.

At the arraignmnet they will present what he is charged with, as in "the law" or stautory citation.  In New Hampshire those laws are listed under RSA 318-B.

At the NHLA website the NH laws can be found.  (New Hampshire Liberty Alliance)

At the NHJury.com website he can learn about jury nullification, it could help him.



Is he getting charged by the DEA / Federal Gov't.  or state government?

If his date is far enough out,  I'd be happy to try to give him advice, however he should probably get familiar with the laws and court rules in the meantime.  Also he should not be too public about any legal details, circumstances of his specific situation as that may not be in his best interests....

The NORML website has some excellent legal motions he might want to visit that site too.

If we can learn more about WHAT and by WHOM he is being charged it would be easier to offer advice. 

NOBODY deserves to be arrested for plant matter, it's insane.

[John]

Hey Liz, I think I mentioned when we met that I am certainly not a lawyer and, what you are likely to get here is friendly info and support from NON-lawyers.

Whatever their May 10 court date is for, I'll try to plan on coming down to support your brother.

[John]

Here is a sample Discovery Letter, which I got from a friend:
Hi John,
Attached is the letter we spoke about.  The header needs to be deleted [done].  Then change the case information, and go through the letter to see where changes relative to the case might need to be made.  Specifically review #7, 8 & 10, though there may be other areas I'm not thinking of.  Remove my name from the end [done], changing to his name, and voila!

I usually CC the court clerk, but it's not necessary. 

Mail to prosecutor.  Wait for reply.  If all they do is send "Open File Discovery" you can then motion the court to compel them to give you everything you're looking for.  (I know it's not "you", but you get the idea)


EXAMPLE – DRAFT – SAMPLE 

April 22, 2011





Nashua Prosecutor [name]
Nashua Police Department
Panther Drive
Nashua, NH 03062

Re:  State v. Your Name
Docket # Unknown at this time

Dear Nashua Prosecutor [name]:

   Pursuant to District Court Rule 2.10 (A) and (B), and in conjunction with the authority of RSA 91-A:1, please answer the following discovery and open records requests.  Even if you provide open file discovery, please take care to review each specific request and respond to them all.  So that we may better frame the issues for the court, if any of the information does not exist, please indicate so.  If any information requested exists but is not provided, please explain why it is being withheld.  Likewise, please explain your objection to any request.

   1. Please provide us with all information which may be exculpatory or favorable to the accused.  Kyles v. Whitley, 115 S.Ct. 1555 (1995); United States v. Bagley, 473 U.S. 667 (1985); Brady v. Maryland, 373 U.S. 83 (1963); State v. Laurie, 139 N.H. 325 (1995).  Regarding this request, please note that:

   a. This request is not limited to information known to you personally.  We specifically request that you question your witnesses, including law enforcement personnel, for this information and include their answers in your response.  Kyles v. Whitley, supra.

   b. This request is not limited to information which has been documented in your file.  We specifically request that you provide us with information known to you or your witnesses, regardless of whether it has been recorded in writing or otherwise.  Kyles v. Whitley, Id.

   c. This request should be answered without regard to whether such evidence would be admissible at any trial or hearing.  State v. Laurie, supra.  Furthermore, this request should be answered without consideration of the effect such information might have on the outcome of any trial or hearing. Id.

   2. Please provide us with all information which may affect the credibility of any potential state witness, including law enforcement personnel.  We specifically request:

   a. Any information which tends to show a witness' bias, motive, untruthfulness, untrustworthiness, unreliability, incompetence, drug or alcohol use, history of medical, emotional or psychological problems, or bad character.

   b. Any information regarding any criminal record of any witness, any criminal investigation of any witness, any plea bargain any witness has, or has had, with any state or federal prosecuting agency, any other promises made by the state or law enforcement to any witness, any witness's probation status, or any compensation or benefit provided to any witness.

   c. Any previous unsubstantiated, inconsistent or false information given by any witness.

Kyles v. Whitley, supra; United States v. Bagley, supra; Davis v. Alaska, 415 U.S. 308 (1978); Giglio v. Unites States, 405 U.S. 150 (1972); State v. Laurie, supra.

   3. Please provide us with a list of your trial witnesses, their date of birth, and their addresses.  State v. Drewry, 139 N.H.  678 (1995).

   4. Regarding any trial witness who is not an expert please provide us with:

   a. Copies of any written statements signed by the witness that pertain to witness's trial testimony.

   b. Any report or other record, reflecting an unsigned statement of a witness which contains the witness's recollection of the events about which he or she will testify.

   c. Copies of drafts, reports, notes, memoranda, diagrams, video or audio recordings, maps or any other writing or recording of any information provided by any witness or reflecting the statement of any witness, excluding only "mental impressions" or theories of a prosecuting attorney.  This request includes preliminary and "scratch pad" notes of any conversation with any witness.

State v. Chagnon, 139 N.H. 671 (1995); State v. Drewry, supra.  We request that you take affirmative steps to preserve all of the foregoing evidence and that you instruct your witnesses and law enforcement personnel within your jurisdiction to do the same.  Note, that if any notes, reports, etc. are destroyed or otherwise not preserved, the undersigned will more the court for appropriate relief including, but not limited to, dismissal of the charge or witness preclusion.

   5. Regarding any expert who will testify at trial, please provide us with any reports containing their theories, their opinions, or the basis for their theories or opinions.  State v. Chagnon, supra; State v. Drewry, supra.

   6. Please provide us with notice of your intent to offer at trial any evidence pursuant to Rule of Evidence 404(b).  We request that you "state the specific purpose for which the evidence is offered" and that you "articulate the precise chain of reasoning by which the offered evidence will tend to prove or disprove an issue actually in dispute, without relying upon forbidden inferences of predisposition, character, or propensity." State v. McGlew, 139 N.H. 505 (1995)

   7. Pursuant to Superior Court Rule 98 and District Court Rule 2.10, please provide us with:

   a. A copy of records of statements or confessions, signed or unsigned, by the accused, to any law enforcement officer or his agent;

   b. A list of any tangible objects, papers, documents, or books obtained from or belonging to the defendant, when such objects were seized, from where, and by whom; and,

   c. A statement as to whether or not the foregoing evidence, or any part thereof, will be offered at the trial.

   d. Any and all radio transmissions on any frequency allocated for use of your agency or any other governmental agency in the area of Nashua New Hampshire for the period of April 22, 2011 from 4:10 pm until 6:10 pm.

   e. Any and all video and/or audio records in or around any vehicle of your agency or any other governmental agency, responding to and/or occupied by any member of your agency or any other governmental agency involved in the stop, detention, investigation and/or subsequent arrest.

   f. Any and all video and/or audio records made of the accused in the care, custody and/or control of your agency or any other governmental agency, relating to the stop and/or to the accused being transported from the scene of the alleged violation to the State Police Barracks or the Nashua Police Department or the Valley Street Jail of the Department of Corrections which contains footage of the accused or conversations relating to the accused in any way during the entire detainment period.


   8. We request that you preserve any and all physical evidence for our inspection, review, testing and possible use in this case.  Please also preserve all documentation of such evidence including crime scene reports, photographs, measurements, notes, test reports or other contemporaneous records of physical evidence.

   9. In addition, please note that it is the accused's intention to comply with the requirements of RSA 318-B:26-a regarding the attendance of drug analysts at trial.  So that he may do so, please forward any notices previously sent pursuant to RSA 318-B:26-a,I, and/or any further notices to me.

   10. Finally, if the above captioned matter is a MOTOR VEHICLE OFFENSE, please include the following:

   a. A copy of your certified copy of the accused's motor vehicle record.  The accused's date of birth is MM/DD/YYYY.

   b. Any and all evidence to be offered that the area which the automobile was traveling on is in fact a "way" as defined by RSA 259:125 (This serves as notice that the Defense does not waive formal proof of way as provided in District Court Rule 1.22)

   c. If the offense was against RSA 265:60, any and all certified copies of calibration certification; calibration records; as well as training certification of the officer.

   d. If the offense was against RSA 265:60 and the Speed Limit indicated as "Posted" on the Complaint is a limit other than what is authorized in RSA 265:60, II, (a) - (f), evidence that the limit was altered and adopted lawfully in accordance with RSA 265:63.  Aforesaid evidence shall include: engineering or traffic investigation reports; meeting minutes of the local authorities adopting the recommended altered speed for that area; if the engineering or traffic investigation reports do not originate from an outside consulting agency, credentials of the governmental agency staff members who conducted said investigation; certified copy of the notice of approval of the speed alteration by the commissioner of transportation.

   These requests are made pursuant to Part I Article 15 of the New Hampshire State Constitution, RSA 91-A:1, and the Sixth and Fourteenth Amendments to the Constitution of the united States of America.

   Please feel free to contact me at your earliest convenience if there are any questions.  Thank you for your prompt attention to this matter.

Respectfully,



Your Name Here


CF/your initials here

cc: Name of Clerk, Clerk

[KBCraig]

Lizzie, it would be helpful to include where your brother was arrested and where he's facing a court hearing.

[Lizziemoreen]

wow thanks everyone i appreciate everything even just being listened to! my brother was arrested in Keene, and im not sure where hes going to court i havnt been able to talk to him about it too much yet. I am having easter dinner with him and were gonna talk about it then so ill be sure to post more info when i get it. Wow thanks John thats awsome ill print that out and work on it with him! It seems kinda confusing haha but he might know more than i.

[Russell Kanning]

wow looking at that discovery document .... I thought the sharks could be circling