Possession of Marijuana - Cop Lied

collective_vision

collective_vision

Bluelighter
Joined
Dec 9, 2002
Messages
329
So a few months ago I was hanging out with my friend. Someone called him and asked him to get some buds for him since he knows a dealer. We get in the car, I'm in the passenger seat. He picks up the weed and we go to the local Wendy's to drop it off. He makes the deal and a bunch of undercovers come out and arrest him - he has several bags on him. I am searched three times over and the cops find nothing: I have nothing on me, nor did I smoke. I say nothing. The cop writes me a summons for possession of marijuana and tells me I have to appear in court.

Today, I go to court and get fingerprinted. I get some paperwork back too. The cop claimed that I said "I know I have weed on me, but I swear I'm not a drug dealer", which is BULLSHIT - I did NOT say that. I believe my lawyer asked for a lab report today. I have to back to court next month. Anyway, there is a chance my fingerprints might be one of the bags. Am I fucked? I apologize if none of this makes sense- I'm quite ill informed when it comes to legal issues.
 
No, I wasn't charged with selling pot. I was charged with possessing it in public view, even though I didn't have anything/wasn't smoking/wasn't high.

Also, I have my own lawyer.
 
Were the bags on the driver's person on were they just "in the car?" I know a few people who were charged with possession because they were riding in a vehicle with a few bags of pot in the vehicle. I always make sure when I'm riding with someone that if they have drugs, they are on their person and not in the vehicle. I'm not sure about the legal issues, but a cop has told me before that if I am in a vehicle and an illegal firearm is found in the vehicle, I can be charged with it as well.
 
freejroll said:
Were the bags on the driver's person on were they just "in the car?" I know a few people who were charged with possession because they were riding in a vehicle with a few bags of pot in the vehicle. I always make sure when I'm riding with someone that if they have drugs, they are on their person and not in the vehicle. I'm not sure about the legal issues, but a cop has told me before that if I am in a vehicle and an illegal firearm is found in the vehicle, I can be charged with it as well.
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the guy selling had full possession of the bags. they were not "in the car", they were in his pocket.
 
A couple points:

1) Most states have laws prohibiting "constructive possession". To simplify, that's when the drugs aren't literally on you, but you exercised some "dominion or control" over them. That's why a person can be charged with possession if the drugs are in their car, and they're driving it -- by doing so, they're exercising some degree of "dominion or control" over the drugs, moving them from place to place.

If there are fingerprints on the bags, the state will argue that you had previously exercised some degree of control over them. However, the fact that they were in your buddy's pocket is a very good fact for you.

2) Keep in mind that the police report probably won't come into evidence. The cop would have to testify as to what you said. Unfortunately, cops lie all the time. You attorney needs to be able to impeach him on cross examination, e.g. by getting his records and possibly showing that other complaints of lying or other misconduct have been filed against him.

3) Don't expect your friend ever to take the stand in your defense. His attorney will strongly advise him that it would be stupid to take the stand, let alone admitting to having the drugs. In all likelihood it will never go to trial anyway, and even if it did, your buddy will already have taken a plea. If he testifies at all, it would be AGAINST you as part of a deal with the state.

4) Be sure you tell your attorney EVERYTHING that happened, no matter how significant you think it was.

5) SH claims: "Even if you are NOT a Dealer, your presence might be considered a Conspiracy to Sell Pot (for instance)."

This is wrong. Simply being in the presence of a guilty person does NOT make you guilty of conspiracy, nor aiding and abetting. That theory is called "guilt by association" and it's NOT a valid rule in our system of laws.

To convict you of conspiracy, the state would have to show that you entered into an agreement with your buddy to do something illegal like selling the drugs. (E.g. if your friend testifies against you to that effect.)

Depending on the state, they may also have to show that you took some "overt act" towards the completion of that crime. (Federal law does not require an overt act for a conspiracy conviction, but some states do.)

PS - I'm an attorney, but I'm not YOUR attorney; you should really rely on your own attorney for answers to these questions.
 
he just wanted you to have the hassle of going to court. chances are it will get thrown out. it happens all the time. you show up to court. no charges pressed. the fact is if you fight it at all the cop will have to do more work than hes willing to do and the charges will get dropped. depending where you are though it may only be a ticket anyways, although it is a big one.
 
LvMkngFlwrChld said:
he just wanted you to have the hassle of going to court. chances are it will get thrown out. it happens all the time. you show up to court. no charges pressed. the fact is if you fight it at all the cop will have to do more work than hes willing to do and the charges will get dropped. depending where you are though it may only be a ticket anyways, although it is a big one.
Click to expand...

Maybe, maybe not. We don't know what kind of quantities were involved, what state this is in, who has what kind of record, whether the DA is a total dick, etc.
 
ya man dunno what kinda quanity your dealing with but im glad NY only issues a traffic ticket for personal possesion quanities
 
This is what I was charged with: "Criminal Possession of Marijuana in the fifth degree" (CPM - Penal Law 221.10) for possession in a public place where the marijuana is either burning or open to public view, or where the amount is more than 25 grams but less than 2 ounces. This is a crime - a B misdemeanor.

A) I didn't possess any marijuana
B) There was no marijuana burning, nor was I or anyone else in the vehicle high
C) My friend who got caught with possession only had 11 grams

Fucking pigs.
 
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