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  1. #1

    Default Being Charged For Drug Possession

    My question involves criminal law for the state of: California.

    OK guys basically my story goes like this... I was going to visit my friend over spring break because she had called me to hang out with her. However when I went to her house she wasn't home. However when I got their her only her brother and her uncle were home. So I decided to wait up for her & her mom to come home. During this time my friends brother asked me if I wanted to go with him for a ride to check out his friends music studio. About a minute down the road we got into a car crash with a pregnant lady that was turning into her driveway. When the cops showed up they breathalized my friends brother to see if he had been drinking and it turned out he had a 1.8 alcohol level. So the cops ended up arresting the driver. I waited up to see if the cops needed my statement and before I knew it I ended up getting arrested. Naturally I was shocked and I asked the officer the reason why I was getting arrested and he told me that the driver that I was with had 2 pounds of marijuana in his trunk. Naturally I was sad but I figured the truth would be on my side so I didn't resist arrest. However the driver headbutted the officer and threatened him saying "I will let you live this time..".
    After our apprehension the cops took us down to the station for questioning. I was asked by a narcotics investigator if I knew who the big drug dealers were. I told him no and that I beleived that the drugs were his. He asked me if I knew they were there and I said No. He said he didn't beleive me because I should have been able to smell marijuana. I replied that I don't mess with drugs and that I thought that he had just smoked and thats why their was a stench. The officers didn't beleive me and gave me a blood test. When I got out of jail I found out that they had raided all of our properties.
    The driver that I was with would not admit that the drugs in his trunk were his saying that he did not know how they got their. The officers gave him a drug test which I believe came out positive. My drug test came up negative. The officers found a scale in his car and about 10 ounces of meth 10 ounces of coke and 2 pounds of marijuana. The driver let the officers know his address and so they raided his house. The officers found at the drivers house more marijuana and paraphernalia. The officers also took down both of the addresses that I gave them which I did not have to cooperate and give them. They raided both of the addresses that I gave them but found absolutely no drugs at all. They raided both of my properties under the premise of a night warrant that way my family would not "have time to get rid of the drugs" according to their warrant.
    When I further investigated his record I seen that he had 2 priors, one for assualting and evading an officer as a minor and another from the year before for having an ounce of marijuana an assaulting an officer.
    For the last couple of times I have went to court nothing has been resolved. He has no job that I know of but is paying a lawyer for his case. So far they have kept postponing the case because his lawyer has not been present to represent him. I explained to my public defender that I would end up losing my job if I had to keep missing days since I am on my probation period. I explained to her that I have no priors and have never messed with drugs in my life. I used to work with special education students and I am now currently employed by the california state disability insurance company. However she was not willing to help me because she said our cases were joined and that the only way anything could be done was if his lawyer was there otherwise I would have to seperate the cases and take a plea of 180 days. I am asking is their any help I could seek in this matter and how would I go about beating this case without having to spend all my wages on a lawyer and not lose my job???

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,196

    Default Re: Being Charged For Drug Possession

    You can't just "beat" the case outside the system. You have to go through the system like anyone else.

    Yes, you can sever the matters if the court approves - you should not HAVE to take a deal for time. In fact, it would likely be in your interest (I would thin) to sever the cases because then you could even agree to testify against the driver if they wanted ... not that it appears you have much to add.

    You can ask the public defender about severing the cases, but he may not be keen on it because it means more work from his end as it will be a separate trial. I would think that keeping them together ties YOUR fate too much to the other guy, though there might be an advantage to doing so. I would think you seriously need a sit down (if you can get one) with your P.D.

    If you have the money, hiring your own attorney may be a good idea.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  3. #3

    Default Re: Being Charged For Drug Possession

    Just so I got this right, you got into a friends brothers car and drove down the street to check something out. You got into a wreck and he was intoxicated and when they found the drugs in the trunk of HIS CAR, he said that it was yours. They raided his house and found more drug and your house and found nothing. But they are still charging you with possession.

    Based off what your are saying I dont see how you are getting charged with anything.

    Now if you left anything out, thats a different story. Like was there any drugs in your pockets, under the pass seat, or did you smell like marijuna.

    If what you said is true, you need to hire your own attorney like yesterday. I dont see how they are linking anything to you, but again if you are leaving anything out than thats another story.

    Good luck, keep the forum updated because im am interested to here what happens.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,196

    Default Re: Being Charged For Drug Possession

    The only reason I can see that the DA is still pursuing this passenger would be that his co-defendant threw him down and provided a credible enough story for it to constitute at least probable cause to believe he as involved. Maybe others have confirmed this story ... "yeah, he came over and asked where he could score some dope", or some such thing.

    The fact that he is being thrown down by the driver is all the more reason to separate the trials. The driver has every reason in the world to accuse the passenger of being the big fish, and apparently he has no compunctions against doing so.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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