Possession of Marijuana and Ecstasy

**undershirts** · 07-08-2008, 09:39 AM

My question involves criminal law for the state of: TN

I was recently charged with two misdemeanors for possession of them. Neither of which were mine but was given the charges because i knew where they were in the car.

I am debating whether or not I should get a lawyer for this because this may screw me when I will be looking for an internship for next summer or a job in 3-4 years. My friend tells me he didn't know he had ecstasy in the bag so I don't think he will own up to it but he might for the marijuana.

The cops told me that I would just have to show up for court and pay a fine but I reallly don't want anything like this on my record. My first question is, would possession of e be on my record for 2 years just as the marijuana would since I was only written up for a misdemeanor?

Secondly is there any other option for me so that neither of these things would be placed on my record.

**cyjeff** · 07-08-2008, 10:46 AM

How old are you?

**undershirts** · 07-08-2008, 11:48 AM

im 19 years old

**aaron** · 07-08-2008, 12:10 PM

If you're driving down the highway with drugs in your car and, when the police stop you, you are able to tell the police exactly where the drugs are located, it sounds like they have a pretty strong case of possession. Just because somebody else "owns" the drugs doesn't mean that you can't be also said to "possess" them. Drug "mules" are prosecuted for "possession" every day for transporting drugs that nobody contends belong to them.

Something you don't mention is how you got to the point of being asked about the presence of drugs in your car. There may be something in the back story that creates a defense to the traffic stop or the ultimate discovery of the drugs, and it would thus be helpful for a lawyer to review the police report and circumstances of the stop.

I suggest consulting a local criminal defense lawyer, and asking about any "first time offender" programs, or other ways you might be able to resolve this without a conviction.

**undershirts** · 07-08-2008, 12:30 PM

We were driving under the speed limit but had out of state plates. We were on our way to a festival and the reason we were pulled over was because we weren't 10 car lengths behind the car in front of us. They had the intent to search us the second they saw our lisence plate.

**standish** · 07-22-2008, 09:47 AM

For specific legal advice, contact a lawyer, or see if you qualify for a public defender. However, I do have some questions for you:

From what I gathered you said something to the effect of: "Sure, officer, I have drugs in the car, I'll even save you the trouble of looking for them. They're right here"

If that is true, you don't want to hear what I have to say.

Please say that's not how it happened. Did you show any kind of refusal to have the officer look in the car? Did he ask or did he order you to let him look around? Did the officer use threats to obtain your consent to search? Was a K9 involved? We need a narrative of what happened during the stop to help you.

They had the intent to search us the second they saw our lisence plate.

Not true. Read up on Knowles v. Iowa. Probable cause for a citable traffic stop does not extend to a search of the car.

**undershirts** · 07-23-2008, 08:59 AM

They pulled the driver out of the car and asked him if he could search. He explained we had been driving all night long and didnt want him to search. Cop comes to me and tells me the driver is allowing him to search as we both stand in front of the cop car as he brings out a dog and tells us it indicates something. He threatens us that he will be pissed if it takes him an hour to find where the stuff is or he will just let us go with tickets if we tell.