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Second offense of marijuana in Louisiana

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  • 01-17-2007, 08:52 AM
    byourself
    Second offense of marijuana in Louisiana
    Me and my friend was walking to a bus stop at about 7:00 pm when the undercover police seen us standing there when all of a sudden they turned around and spot lighted us from his car. He then told us to place our hands on top of the car and searched us and found five dollars worth of marijuana in my cigarette pack where then he immediately placed me under arrest for possession of marijuana. I asked him what his probable cause was for searching us and he said that b/c it was in a known drug area that was good enough and b/c they were narcautics officers they didn't need probable cause. He then told me that if I was willing to work for them and go under cover to help bust 2 or 3 big drug dealers that he would remove my felony charge.
    I was charged with Second offense of marijuana in Louisiana, which is a felony. I am really scared of going to jail and having this on my record. What is the best advice that for me getting this reduced and definitely not going to jail?
  • 01-17-2007, 09:11 AM
    Happy Trails
    Re: Second offense of marijuana in Louisiana
    Quote:

    Quoting byourself
    View Post
    Me and my friend was walking to a bus stop at about 7:00 pm when the undercover police seen us standing there when all of a sudden they turned around and spot lighted us from his car. He then told us to place our hands on top of the car and searched us and found five dollars worth of marijuana in my cigarette pack where then he immediately placed me under arrest for possession of marijuana. I asked him what his probable cause was for searching us and he said that b/c it was in a known drug area that was good enough and b/c they were narcautics officers they didn't need probable cause. He then told me that if I was willing to work for them and go under cover to help bust 2 or 3 big drug dealers that he would remove my felony charge.
    I was charged with Second offense of marijuana in Louisiana, which is a felony. I am really scared of going to jail and having this on my record. What is the best advice that for me getting this reduced and definitely not going to jail?

    Obviously, the best advice is for you to consult with a criminal defense attorney ASAP. (From what you wrote) the police officer's "probable cause" is questionable. (However, I am only getting your side of the story.)

    Did you consent to the search?

    The information I found states this could be a misdemeanor or a felony.

    What makes this a felony?

    I'm also curious, what happened the first time you were prosecuted?
  • 01-17-2007, 09:16 AM
    byourself
    Re: Second offense of marijuana in Louisiana
    Louisiana state law for second offense of marijuana is a felony. I did not give him permission to search me b/c he just told me to place my hands on top of the car and began to search me. They said that they could search me b/c of them being undercover narcautics officers.
    My first time getting arrested, I was charged with a misdemeanor and I got six months probation and and 600 fine.
  • 01-17-2007, 09:55 AM
    aaron
    Re: Second offense of marijuana in Louisiana
    Get a lawyer, and have your lawyer review the facts of the stop to see if the search was legal and if a motion should be filed to suppress the evidence that was collected as a result of the search.
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