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The cops planted a rock of cocaine on me when they arrested my buddy. The cop who did it doesn’t like me because I refused to snitch for him. He said it was "payback time." I do have a drug history but I have been clean for two years. I know the judge will believe the cops, not me. What do I do?
This is a difficult situation. Many more people claim they were set up than actually were, but it does happen. There is a lot of research and investigation to do before you decide what to do. If the law allows it in your state, your lawyer should bring a motion to find out if this cop has had citizen complaints about lying and planting evidence before. Gather up witnesses who know you well and know you have been off drugs for two years, especially people present when you have refused offers of drugs. Your lawyer might have an investigator talk to the other cops involved in the operation, or do so himself. If one was not really comfortable with what happened, he might assist in some way, perhaps behind the scenes. Don’t expect any officer to testify that he saw evidence planted.This might also be a case that would benefit greatly from a timing strategy. Your buddy may not want to incriminate himself to free you, but once his case is done, he has nothing to lose. The Prosecutor will fight to keep you both together. Your lawyer might find a way to delay or separate your case from his, so he can testify for you later. He will not necessarily be believed, but it is a chance.
Don’t overlook having your lawyer research the civil litigation indexes. How many times has this cop been sued? Those that plant drugs or bust heads without cause have a way of collecting lawsuits. Those lawsuits will lead to witnesses. Don’t overlook the possibility of forensic evidence clearing you. Look into having your hair or other tissue tested. If residue would normally be present after drug use in the past couple of months, and you show none, it supports your testimony. Why would someone who has used no drugs for months have a rock in his pocket?
Find a lawyer who is willing to go the whole nine yards. There is a lot of work to do, but your case is far from hopeless. If you find the dirt on the cop who planted you, the prosecutor may well want to dismiss against you to avoid trashing up the case against your buddy.
(Updated December 4, 2007) |
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