nmarq13
02-07-2005, 09:22 AM
I am being charged with felony possession of marijuana. Cause #1006831. Court # 338. Houston, Harris County, Texas.
I was at home after work when two police officers knocked on my back door. Not having a peephole I cracked the door to see whom it was when I saw two police officers. One of them asked me what my name was and I responded simple with Nathan. As soon I answered the police officers pushed my door open entered my room without having a chance to exit the apartment. One of the police officers began searching me while the other one walked through my room and began searching my apartment. The officer who was searching me then detained me and began asking me where my stash or 'stuff' was. I refused to answer the questions. As the officer waited for the other officer to return to the room, he looked around my room and notified me that he could see a pipe on my desk and some seeds on my dresser. He told me that was probable cause to search and basically that Iā??m screwed and they got me. When the other officer returned to the room both officers began a thorough search of my room and the rest of the apartment without my consent. While searching they uncovered single sack of marijuana weighing about 7 ounces in my bottom dresser drawer on the other side of the room of me and another sack containing a few grams of marijuana in one of the drawers in the kitchen. After the incident I was arrested and taken to jail, along with my roommate whom arrived during the search. Since I admitted to being the owner of the marijuana he was only charge with traffic warrants which were in his name and came up after they ran his license.
The police report of this incident states a different story. According to them, they saw me leave and arrive at the apt 45 minutes prior, which is a lie because I was at work at that time. Iā??m guessing they put this to prove I was who they were looking for and was located there. I am saying that because they also said they presented me traffic warrants for my arrest at the door before entry which is also a lie and also the fact that there is absolutely no physical evidence that I lived there or was staying there because I had just moved in. They also said I tried to close the door on them which is why they entered which is also a lie. This defies logic that someone in my situation, a hard working full time honors student whom has something completely more incriminating in the apartment, would not simply step outside to and lock the door and accept my arrest then run from spending a simple night in jail and then going on with my life. The report also goes on to say they found scales and packaging materials which is simple not true and if they claim it is then where is the physical evidence because they don't have any. The report also says they have witness criminal activity at the door before and it is a high traffic area, which to me are absurd claims being that it is an apartment which accommodates two people and also that my roommate has a business office located in the apartment in which he had constant business meetings and dealings.
This is a general overview of my case and am looking for any assistance in beating it on the basis of it being an illegal search and seizure. This case has been a huge burden on my life. It has caused my to drop all of my classes last semester and also has caused me to take limited classes this semester. It has taken a huge financial, physical and most of all emotional toll on me and especially on my family.
Right now an attorney named Gus Saper is currently representing me but I feel that his inexperience in these cases and his timid personality are not working in my best interest. I also have reason to believe that he is not even spending much thought or time on my case, being that he is not trying to be in anymore contact with me as I am with him. He keeps insisting on me pleaing out my case. And on a particular instance last week, he sent an associate to represent me on a court date without even notifying me then when my bond was revoked, when he returned for my next hearing, he basically made me sign a reset paper without even knowing that the bond was revoked, insisting it wasn't when I knew it was then walking away from me without consulting me on what was in my interests and then walking away from me. This proves his lack of preparation and in insufficiency in helping me out.
Without going on further, this is a plea for help from anyone who is familiar with these situations and can and is willing offer me any assistance for my situation. I want to thank you for your time and attention in reading this.
-Nathan Marquez-
[email protected]
I was at home after work when two police officers knocked on my back door. Not having a peephole I cracked the door to see whom it was when I saw two police officers. One of them asked me what my name was and I responded simple with Nathan. As soon I answered the police officers pushed my door open entered my room without having a chance to exit the apartment. One of the police officers began searching me while the other one walked through my room and began searching my apartment. The officer who was searching me then detained me and began asking me where my stash or 'stuff' was. I refused to answer the questions. As the officer waited for the other officer to return to the room, he looked around my room and notified me that he could see a pipe on my desk and some seeds on my dresser. He told me that was probable cause to search and basically that Iā??m screwed and they got me. When the other officer returned to the room both officers began a thorough search of my room and the rest of the apartment without my consent. While searching they uncovered single sack of marijuana weighing about 7 ounces in my bottom dresser drawer on the other side of the room of me and another sack containing a few grams of marijuana in one of the drawers in the kitchen. After the incident I was arrested and taken to jail, along with my roommate whom arrived during the search. Since I admitted to being the owner of the marijuana he was only charge with traffic warrants which were in his name and came up after they ran his license.
The police report of this incident states a different story. According to them, they saw me leave and arrive at the apt 45 minutes prior, which is a lie because I was at work at that time. Iā??m guessing they put this to prove I was who they were looking for and was located there. I am saying that because they also said they presented me traffic warrants for my arrest at the door before entry which is also a lie and also the fact that there is absolutely no physical evidence that I lived there or was staying there because I had just moved in. They also said I tried to close the door on them which is why they entered which is also a lie. This defies logic that someone in my situation, a hard working full time honors student whom has something completely more incriminating in the apartment, would not simply step outside to and lock the door and accept my arrest then run from spending a simple night in jail and then going on with my life. The report also goes on to say they found scales and packaging materials which is simple not true and if they claim it is then where is the physical evidence because they don't have any. The report also says they have witness criminal activity at the door before and it is a high traffic area, which to me are absurd claims being that it is an apartment which accommodates two people and also that my roommate has a business office located in the apartment in which he had constant business meetings and dealings.
This is a general overview of my case and am looking for any assistance in beating it on the basis of it being an illegal search and seizure. This case has been a huge burden on my life. It has caused my to drop all of my classes last semester and also has caused me to take limited classes this semester. It has taken a huge financial, physical and most of all emotional toll on me and especially on my family.
Right now an attorney named Gus Saper is currently representing me but I feel that his inexperience in these cases and his timid personality are not working in my best interest. I also have reason to believe that he is not even spending much thought or time on my case, being that he is not trying to be in anymore contact with me as I am with him. He keeps insisting on me pleaing out my case. And on a particular instance last week, he sent an associate to represent me on a court date without even notifying me then when my bond was revoked, when he returned for my next hearing, he basically made me sign a reset paper without even knowing that the bond was revoked, insisting it wasn't when I knew it was then walking away from me without consulting me on what was in my interests and then walking away from me. This proves his lack of preparation and in insufficiency in helping me out.
Without going on further, this is a plea for help from anyone who is familiar with these situations and can and is willing offer me any assistance for my situation. I want to thank you for your time and attention in reading this.
-Nathan Marquez-
[email protected]