Dream of:05 October 1989 "Intent To Deliver"
I was in a room in a courthouse where I was presently going to be representing a fellow charged with a criminal drug offense. I was talking with a woman who worked in the court and who apparently was responsible for preparing all the papers, including the indictment, for the case. I had a form book which on one page contained a list of paragraphs which I thought might ought to be included in the judgment. But when I showed them to the woman, she told me that only number "3" needed to be included. However even that paragraph would need to be changed because it talked about the name of the facility where a juvenile, Spanish-speaking offender would go, and my client wasn't a juvenile. And although his last name was "Diaz," he spoke English.
When the papers were ready, it was my intention for Diaz to plead guilty, and for him to receive a five year prison sentence. He had originally been charged with delivery of a controlled substance, as well as intending to deliver a controlled substance. The prosecutor on this case had agreed to delete the delivery of a controlled substance charge if Diaz plead guilty to the intent to deliver charge.
When Diaz had been arrested he had had about 30 small packets of a white powder on him. Although I had been uncertain that he had actually intended to deliver the drug to anyone, the evidence looked quite strong against him, and I thought the five years was acceptable. However I still had my doubts as to whether I might ought to have tried to have had the evidence suppressed. I really didn't know the circumstances of the arrest. I just knew that Diaz had been in a car and the police had pulled him over for some reason. But I didn't know why.
It occurred to me that I had successfully suppressed drug evidence in other cases, and I thought I probably should have tried it in this case. It seemed that I should probably try to suppress the evidence in almost every drug case.
Jon was also here, and he was also planning to go into the courtroom and plead a case. He had never pled a case here before and he asked me what he was supposed to do. I told him that the judge would ask him some questions, and all he would basically have to do was answer yes or no. We both walked into the courtroom and sat down in the front row of seats.
Perhaps 20 people were sitting in the gallery of the courtroom, and I saw Diaz sitting in the far, rear corner. The judge was on the bench hearing cases. We waited and waited as case after case went before us.
Finally I saw that the prosecutor (around 30 years old) was talking to the judge and I thought I heard something about my case. The prosecutor was a tall black-haired man dressed in a dark suit. I walked over to him and the judge to see what they were talking about. I quickly gathered that the judge thought there was some problems in the way the prosecutor had prepared the papers, and the judge wanted him to redo them. I quickly spoke up and began explaining to the judge that we had already reached an agreement about the case and that Diaz was in the courtroom and ready to plead guilty to intention to deliver a controlled substance. I called out to Diaz and told him to stand up. He did so.
The judge seemed uncertain whether to hear the case now or wait. I would like to do it now for two reasons. First I didn't want to have to come back here again. Second, Diaz was in jail and would have to wait in jail longer if we didn't take care of the case today. Part of my deal with the prosecutor was that Diaz wouldn't receive credit for the time he had been in jail before he plead guilty.
Plus I knew that normally a prisoner received good time credit of three days for every day he was actually in jail. That meant that if we had to wait two weeks before the case was heard, Diaz would actually lose credit for six weeks of jail time. That seemed like a long time to me.
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