Possession of Cocaine

by Gwydion M. Williams

Question by Dylan: Any lawyers or people proficient in law?
I really need help writing my paper on this situation, so I will write it all out for you,
DIRK DESPERADO’S PLIGHT.
A. BUSTED. Police Detective Nate Nark suspects that Dirk Desperado is dealing drugs. He goes to the Desperado home without a search warrant. Nark Knocks on the door. Dirk’s wife, Daisy Desperado answers. Nark identifies himself and says he has a search warrant (when he really doesn’t) Daisy lets him in, but Dirk standing nearby says, “No way, get out.”

Nark ignores Dirk and enters the home. In plain view he sees a stash of cocaine. Nark arrests Dirk for a felony, possession with intent to deliver a controlled substance, due to the large quantity of cocaine. Nark says to Dirk, “Is this your cocaine?” Dirk admits that it is.

Desperado is indigent. You are appointed to represent him. Dirk says that he doesn’t want a court appointed lawyer, he wants a real attorney. Otherwise, Dirk says he will represent himself.

1. As Dirk’s Lawyer,
A. How do you respond to his snide remark about your competency?
B. How do you advise him regarding defending himself?
C. Assuming Dirk allows you to remain as his attorney, what pretrial motion(s) to suppress physical evidence or confessions do you bring?

B. BAIL. Let’s assume you lose your pretrial suppression motions and Dirk is ordered to stand trial. Dirk has no visible means of support and no ties to the community. He only has his hourse and Daisy. Dirk has no prior convictions, although Nark thinks Dirk has been dealing for some time.

2. As Dirk’s lawyer, what do you argue as to whether Dirk should get bail? What amount of Bail?

C. PLEA BARGAIN. The district attorney approaches you, as Dirk’s counsel, offering to reduce the felony down to the misdemeanor of simple possession of cocain. The D.A. will recommend a sentece of nine months jail time. The D.A. also wants Dirk to “name names” of those also involved in drug trafficking as part of the dea.

3. Do you advice him to deal, why or why not? If no deal, do you have a counter offer for the D.A.

D. TRIAL. Assuming all plea negotiations fall through, do you advice him to take the case before a jury, or waive his right to jusry trial and leave it with the judge to decide? Why?

E. THE STAND. Even though Dirk admitted to Nark that the Cocaine in the house was his, Dirk wants to take the stand to deny that he was in any way involved in drug dealing. Instead, he wants to blame it all on Daisy. What do you, his counsel, do?

F. THE CLOSING ARGUMENT. Let’s assume Dirk doesn’t take the stand in his own defense. In his closing argument, the D.A. emphasizes the fact that Dirk never testified to tell his side of teh story or make any denial of drug dealing. What do you, as Dirk’s lawyer, do in response to the D.A.’S remarks?

Any help on any of these main points would be much appreciated
Dirk is not me, I am a college student with a 3.8, and in criminal justice 101. So therefore I will be no one’s bitch.

Best answer:

Answer by C
The evidence was obtained illegally and if Dirk snitches on his suppliers him and his family will wind up dead in a trash can.

If you are in America then:
Evidence obtained by the police through circumstances in which the police or a police agent violated a person’s right against unreasonable search and seizure as guaranteed by the Fourth Amendment or analogous state constitutional provisions.

I would tell Dirk about the offer.

Know better? Leave your own answer in the comments!

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