Possession of Marijuana in New York
ok on sunday i was driving down my block. i was going 45 in a 30 and 2 detectives rolled up on me and got out of their car like i just robbed a bank, hands on their guns running towards the car. they told me to get the **** outta the car. asking me "are you crazy you were doing 85 mph down this road, do u know someone just died on this block because of that?" i tell them to "prove it" they tel me " we dont have to prove a f*cking thing to you" now at this time my fiance was in the car right behind i flagged her down before they put cuffs on me for "wreckless driving. they said i ran 2 stopsigns when i passed 1 (rolling stop) they said i was passing on the left (which on my block u kinda HAVE to because of the cars parked on the side of the road. so now they do as every other cop has done in the last 2 weeks which was while they ask me "so hows your registration and insurance?" i tell them "its fine why?" they reply "thats not what we hear" so now they are communicating about me(there was no computer in their car to tell otherwise). so i go in the back of their car thinking everything is over and one of the detectives goes to my fiance yelling and cursing at her. the same cop comes to me and says "whats wrong with that bitch overthere? my wife doesnt even yell at me like that" i didnt say anything..while his partner is now conducting an illegal search because i wasnt pulled over for anything to have them search my car. the dt that searched my car now gets into my car and moves it to the side of the road. my fiance goes back home and i go to the 3rd precinct. while in the car they say so "why were you going so fast did you and your fiance get into a fight" i tell them no. after a few we get to the precinct where they put me in an interview room. now the dts start asking me if i know of any guns or drugs in my neighborhood or the neighborhood where my car is registered to i tell them "no and if you have any other questions to ask me i need my lawyer present" they tell me "no you dont need your lawyer youll be out of here in a little while" this is at 12:05pm. now i guess they forgot to close the door or somthing cause his partner now comes from the back (a different direction from where we came in and puts a blue bag of weed on the desk next to my property. i say "yo thats not mine" the det's say "oh yes it is" as of this far no miranda right were ever said or read to me. they both come into the interviewingand take the cuffs off of me and tell me to strip. after all of that i get cuffed again in the interviewing room and they just talk about lasagna and wine and gym memberships blah blah blah. 15 min later they close the door and all i hear is "i want some of that lasagna wheres mine". at 2:45pm they open the door and say "were gonna fingerprint you soon." at about 3:15pm they come in again and let me call for bail and take me for fingerprints (still no rights) after fingerprinting about a half hour later me fiance comes and posts bail. but heres the catch im on interim probation for and assult 3 charge and now a cpm 5(criminal possession of marijuana 5th degree) what do you think the outcome is gonna be? no rights ever read and i was tagged with a small bag of weed and im on probation until sept as of now thank you and sorry for the long winded post
Re: Possession of marijuana in New York
Tell your lawyer this story.
Re: Possession of marijuana in New York
The outcome of your driving charge, or your possession of marijuana charge? You appear to concede that you were speeding, ran at least one stop sign (albeit at a low speed) and passed cars illegally - that's probably sufficient for a reckless driving conviction. They had the right to search your car incident to arrest, and that's where they found the marijuana. You don't indicate that you made any self-incriminating statements as a result of custodial interrogation, which is the place where Miranda comes in.
Do tell your story to a lawyer, as by all appearances you would benefit from having legal representation.
Re: Possession of marijuana in New York
Quote:
Quoting
aaron
The outcome of your driving charge, or your possession of marijuana charge? You appear to concede that you were speeding, ran at least one stop sign (albeit at a low speed) and passed cars illegally - that's probably sufficient for a reckless driving conviction. They had the right to search your car incident to arrest, and that's where they found the marijuana. You don't indicate that you made any self-incriminating statements as a result of custodial interrogation, which is the place where Miranda comes in.
Do tell your story to a lawyer, as by all appearances you would benefit from having legal representation.
there were no cars passed illegally. its a 2 lane street some people on the block park their cars along the side of the road. so u have to come out a little bit to pass them they said i went tinto the left lane (oncomming traffic) i never went into the left lane in an unnessasary manner. they did not find any weed in my car at all if they did they usually show what they find i never saw anything till i got to the precinct and the det pulled it out of his pocket like an hour after we got there i didnt make any statements other than im not gonna answer anymore ?'s until my lawyer is present and they replied with you dont need a lawyer youl be out of here soon almost 3 hours later the whole thing went from 11:50 am till 3-3:30pm but to answer your question i would like to know the possible outcome on both charges but the drug charge inparticular b/c of probation thanks
Re: Possession of marijuana in New York
Quote:
Quoting
heavy
there were no cars passed illegally. its a 2 lane street some people on the block park their cars along the side of the road. so u have to come out a little bit to pass them they said i went tinto the left lane (oncomming traffic) i never went into the left lane in an unnessasary manner. they did not find any weed in my car at all if they did they usually show what they find i never saw anything till i got to the precinct and the det pulled it out of his pocket like an hour after we got there i didnt make any statements other than im not gonna answer anymore ?'s until my lawyer is present and they replied with you dont need a lawyer youl be out of here soon almost 3 hours later the whole thing went from 11:50 am till 3-3:30pm but to answer your question i would like to know the possible outcome on both charges but the drug charge inparticular b/c of probation thanks
And, as we both told you, get a lawyer.
Re: Possession of marijuana in New York
alright thanks do you guys have any suggestions with a lawyer in this area suffolk county new york that handles this type of case??
Re: Possession of marijuana in New York
You may wish to try the Suffolk County Bar Association's lawyer referral service.
Re: Possession of marijuana in New York
thank you very much im going to probation today ill keep ya posted