Possession with Intent to Deliver

[Inoran]

I was pulled over one night coming back from the bar with a guy and a girl whom I just started to hang out with. Upon being pulled over the officer asked for all ID's. The passenger (guy) had a warrant for his arrest for not paying child support. Because of this they were able to search the car. They also found a bag in his jacket with traces of cocaine. Under my seat (driver) they found a plastic grocery bag that had pot and scales and baggies in it. The guy (front passenger) put the bag there after being stopped when I wasn't paying attention - the girl (behind passenger in backseat) said she would be willing to testify this as she was the one who said she saw him put it there. I vaguely remember him having a grocery bag, however I never saw what was in it. Although I had no direct evidence, I assumed he would have pot with him (a joint or so) but I never knew the contents of the bag or his intention to sell to someone else.

I am now being charged with possession with intent to deliver. I have no prior criminal record and he has 3 prior possession charges. I was plea bargained just a possession charge with no 7411. The girl said she would testify that she saw him put a bag under my seat.

What is my situation? I certainly was not aware of the contents of the bag nor did I have any intent to deliver, but I would not have been surprised if he had some pot on him (assuming a joint or such). After both him and I spent the night in jail, the guy said he was hoping to see someone at the bar to sell to. I truly had no idea about this. While I am directly innocent for what I'm being charged for, I hear that I may be guilty because I thought he may have had some, although I was not sure.

Should I take the misdemeanor or fight it? I just graduated from college and I dunno how serious this is.

I also just read about the new Supreme Court decision that limits how police can search the passenger compartments of vehicles:

It is summarized by the Court as "Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest."

Does this mean anything for me?

Thank you

[M'sta Mikey]

II was plea bargained just a possession charge with no 7411. The girl said she would testify that she saw him put a bag under my seat.

You only plea bargain at or before pre-trail so it seems to me that this is a done deal. If you accepted the plea and the courts accepted it, that's it. There is no fighting this any further, unless you appeal.

[Immo]

Let's clarify, have you accepted the plea bargain or is it one of those "see you in a month" things?

[Inoran]

They offered me the plea bargain at the pre-trial which was wavered and now its being pushed over to circuit court. Monday is when I have to make my decision to either take it or go to trial.

[Immo]

I just read your other posts. If you don't like what your lawyer is telling you, then get a different one. He knows the judge, the local laws, and has an impression of you.
As for in the eyes of the law, let's think about it from the police officer's point of view: you smelled like pot (you can often smell people who smoked pot in the last day let alone just a few hours before) and you had the stuff under your seat.
You don't have a definite witness and even if you did, is she credible?
In my opinion, your lawyer should at least try to talk it down, if they have not already tried, but I'd be pretty confident if it comes to a trial, if your lawyer is saying you're screwed, you probably are.
Hopefully lesson learned: Don't hang out with sketchy people, they get you into trouble.

[Inoran]

I'm still confused about where my guilt is. If this girl were to testify, which i think she will then that means that we have to people saying it is his and that he put it under my seat. Seems they would have to prove that it was mine and the fact that there is a witness who says she saw this other guy put there, alongside of the fact that he told me it was his and he was hoping to make a quick dollar at the bar would make it seem like it would be in my favor, would it not?

What ever happened to innocent until proven guilty?

[cdwjava]

The key is "reasonable doubt". If you can get someone to take the stand and admit that the dope was theirs and they put it under your seat, you may well be okay. Of course, that friend will be hosed, but he might be willing to stand up and take that hit for you ... you'll have to ask.

If you have only one other person saying that someone else put it there, that MIGHT lead to a jury finding reasonable doubt, but they might just as easily conclude that she is making it up you get you off the hook. The best testimony would be for the guy who did put it there to stand up and admit to it.

The presumption of guilt is going to be there because the dope was under YOUR seat in YOUR car. It is likely an exercise in awkward movements for the front passenger to hide the dope under your seat so a jury might not believe that you somehow managed to miss his grand stretch and movement to tuck it beneath you. It's kinda hard to miss somebody practically leaning into your lap.

Your friend's testimony might help, but like I said, it might be easily discounted. Whether the deal is the better opportunity is something you need to discuss with your attorney.

- Carl

[aaron]

Talk to a lawyer about Arizona v Gant, 556 US __, 129 S Ct 1710 (2009), and how it relates to the constitutionality of the "search incident to arrest"; you may have grounds for a motion to suppress evidence, or it may give you leverage for a more favorable plea bargain.

[Inoran]

The key is "reasonable doubt". If you can get someone to take the stand and admit that the dope was theirs and they put it under your seat, you may well be okay. Of course, that friend will be hosed, but he might be willing to stand up and take that hit for you ... you'll have to ask.

If you have only one other person saying that someone else put it there, that MIGHT lead to a jury finding reasonable doubt, but they might just as easily conclude that she is making it up you get you off the hook. The best testimony would be for the guy who did put it there to stand up and admit to it.

The presumption of guilt is going to be there because the dope was under YOUR seat in YOUR car. It is likely an exercise in awkward movements for the front passenger to hide the dope under your seat so a jury might not believe that you somehow managed to miss his grand stretch and movement to tuck it beneath you. It's kinda hard to miss somebody practically leaning into your lap.

Your friend's testimony might help, but like I said, it might be easily discounted. Whether the deal is the better opportunity is something you need to discuss with your attorney.

- Carl

he did not reach from the front of the seat, but he reached around behind me when we were stopped and I had my eye on the officer who was getting out of the car in my left rear view mirror. It was a four door car as the girl was in the back passenger seat. It should also be noted that I had never met this girl prior to that night and she actually was with the other guy that she would be testifying against.

my only other question is if I should stick with my appointed attorney or not. He is a public defender, but he says he also says that people also hire him for private cases as well. He knows the judge and prosecutor so I was hoping he would have an advantage. Is this a good idea?

[aaron]

Meet him, and decide. Be sure to bring up Arizona v Gant.