OK. So, today my two buddies and I were riding around the D, looking for some bud - just driving around, calling different dealers. When all of a sudden, a cop flicks his light and pulls us over (for NO reason other than we were three white kids in the hood). Two cops approach the car from both side. I was in the back seat, and my two other friends were sitting up front. The one cop approaches the drivers side, opens my buddies door, and demands that he get out. Well, he got out and was searched by the cops, they found a heroin needle on him. They pull out the passenger after that, and they found a heroin needle on her too, along with razor blades and other paraphenalia in her purse. Then, they pull me out, search me, and find nothing. I had nothing on me. At this point, my one buddy (driver) is sitting in the cop car, and the passenger and I are sitting on the curb outside of the car. One of the cops then begins searching my buddies car. He finds an dime sack under the seat with a small nug still in it (this must have been an old, forgotten bad); he brings the bag outside shows it to the driver in the back seat. I honestly had no clue that this old bag was even back there (his car is messy as fuck and it was probably burried under a bunch of shit). Then, me and the passenger are handcuffed and thrown in the back seat of the cop car. I was not read my rights, nor informed what I was being arrested for. When I got to the station, I was informed I was arrested for POSSESSION of marijuana... The bag was not found on me, nothing was. It was found under passanger seat. And I guess, since it was closest to me, the cop charged me for it. Either that, or it was because the other two were already going in for paraphenalia charges, and they wanted something to put on me. Is this right? Should I plead not guilty? Is there any advice that anyone can give to me? If there is more details that I left out, that you would like, just let me know. Thanks.
damn dude. where do you live? I have a feeling somewhere in the south. So the cop, walks up to the car, physically opens the door and demands you guys get out? hmmm
plea not guilty and get a defense attorney. ANY criminal defense attorney can win this case 100% of the time. one of my professors talked about this very type of incident actually. and as per the rights, they dont have to read them to you until you are actually being questioned in the station.
first of all, they arent aloud to do half the shit they did to you...look on the ticket or what ever they gave you for a badge number, or a name, both if possible.....go pleed inocent on that shit, complain about the cops. you shouldnt have been charged with shit.
it doesn't sound right. you could plead not guilty, but ya know it all depends on the judge. But the possession charge should be on the driver/owner of car. And yea i bet they put the charge on you just so they could arrest all of you.
Straight up, they obviously had no reason to stop you, first of all. But cops are allowed to profile, so this will probably be allowed in a court of law. Second, they had no probable cause to search your vehicle, unless it smelled or something was in plain sight. Cops do have a right to search you without any evidence, if they feel they are at risk, and you are carrying a weapon on you. So them searching the person is legally lawful. They found something, so they have legal right so search the car. They found nothing on you, but if you live in a fucked up county, like what I live in, then you will most likely get charged with that dime bag, even though it was not on you. You'll probably be convicted by association. I do not have all the facts,, obviously,,,, and did not see any video,,,, obviously... So get a GOOD attorney asap and fight this shit. Its bull shit man.. Just a little FYI.. I got ticketed for POP & POM and the cop had no reason to search us and nothing was on me... EVERYTHING the cop found, was in my "friends" posession and in his car. I had no money to pay for an attorney, so I got a court appointed lawyer.. It was my second offense too, so possible jailtime was on the table for me... Well, long story short I'm getting diversion, but was extremely close to fucking myself over by trying to take it to trial with a court appointed lawyer,, I was pretty much assured by a lawyer of with over 25 years experience that I was fucked and should just take diversion,,, because it was on the table. -Get a real lawyer dude.. No matter what the cost, they are tremendously better than court appointed lawyers with over 500 clients at one time... They just simply don't have the time, or the means to dedicated the neccesary work time needed for your case. Good luck, don't let the man keep you down my brotha.... Toke up while you can! EDIT: Oh yea and they never read you your maranda rights... You should get this case dismissed with a competent lawyer.
Thanks for all the help guys. Unfortunately, I just can't afford to hire a defense attorney, I'll have to go with the court-appointed one. I feel like I have a good chance to get the charges dropped to "Loitering within the vicinity". What do you all think? Any other advice would be awesome and greatly appreciated.
You no in some states it does not matter where you are or what color you are if that cop has to get out of his car someone is going to jail or getting a ticket.on your case you would think that because you didnt have anthing on you, you'd be ok but the other people did so you went down to
Welcome to Michigan my friend. All you can do is plead not guilty, get yourself a good lawyer or hope that the court appoints you a good one. I tell you this for one reason. In Michigan, anything in the car that is not on someones 'person' is fault of the driver. No matter what it is or where it is in the car, unless someone owns up to it. Thus, with a good lawyer this will be dropped like its hot.
Just to dispute this, there was a supreme court case that over-ruled this. The cops no longer have to read you your right while be arrested, they CAN but aren't required to. I have been arrested three times and none of the times have I been read my rights. They have to read you your rights/make you sign a waiver only if they are interrogating you. [[This is for Michigan]]
Detroit. My friend unrolled the window and was about to ask what the problem was, but before he could say anything the cop was screaming in his face to "Get the fuck out of the car". They pulled my friend out of the car and found needles on him, which I guess gives them reason to search the car, even though they searched him illegally. Thanks for all the help guys, really, you've helped a lot. I have to call the court on Monday to schedule a court date. I guess I'll give an update when I can. Do you think the fact that I'm a full time student at MSU and this is my first offense will make things go smoother? I sure hope that they would. I'm just looking for as much luck as I can get, I have to try to think positive, because it's killin me if I don't.
id hire a lawyer, it might cost ya, but you wont have a possesion charge on your record, thats for sure.
Trust me man, I want to. I would in a second. I just don't have the money. My parents don't have the money either. They struggled with the $500 to make bail; they only came up with it because I would have spent Thanksgiving, and the rest of the weekend, in jail. It seems like a pretty straightforward case, though. Any attorney with minimal experience should be able to get the charges dropped completely, if not get the dropped to "Loitering within the vicinity.."... I hope. But I'll bump this up when I call the court on Monday, and again when I go to court. Just to keep the city updated, I guess. I'm moving to Europe when I grow up- somewhere in northern France. I need to try to keep positive until the court date. Thanks for the help, wish me the best guys.
damn Glopi. not guilty all the way,they didn't ask whose weed it was fuck that. Can't just charge you for it, you never took responsibility to for it. Be Easy and beat that shit
Agreed ^^^^^^ you can get out of this easy with an attourney......if you try to do it without one good luck......better off with court appointed if you cant afford to hire one....good luck bro
chances are they are gonna right up the police report that you took the blame for the weed just so they can get you for it, thats what they do around here anyway...i got arrested for a BnE and they wrote on the police report i admitted to it when i got arrested when in reality i said over and over again i didnt have anything to do with it
cops are real pricks..... everytime ive been arrested..... i try to get under the skin of them.... i told one as he was puttingme in the car..... that he as nothing but a underpaid escort for me.... my personal escort to the jail house..... fuck the po-po....