Charged With Drug Possession Due to the Presence of Drugs in a Car
My question involves criminal law for the state of: new jersey. I was out drinking with a friend from work, we were pulled over because he was swerving, and when the officer searched the car he found a small residue baggie of cocaine. the officer said it was within reach of both of us but was not specific on where he found it. I was drunk, but i am of age, and i do not use or sell drugs. Neither me or the guy i was with admitted that it was ours, so we were both placed under arrest. I was charged with 3rd degree possession. i know i need to find a good lawyer, but is there anything i can do to to prove my innocence in the mean time? get a blood test from the hospital to prove i don't use drugs? try to convince the guy to own up to his dirt? anything? i do not want a felony charge on my record, and this is the only adult charge i have ever received other than a disorderly persons.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
Quote:
I was out drinking with a friend. I was drunk.
That says it all. Booze and stupidity. Inseparable.
Quote:
i know i need to find a good lawyer, but is there anything i can do to to prove my innocence in the mean time? get a blood test from the hospital to prove i don't use drugs? try to convince the guy to own up to his dirt? anything? i do not want a felony charge on my record,
The only thing that will likely save you from a conviction is if you agree to testify against your friend in exchange for immunity.
Quote:
this is the only adult charge i have ever received other than a disorderly persons.
Disorderly persons?
Did that also have to do with drinking?
Maybe this is your wake up call to stop drinking and pick a better class of friends.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
Guess what - it was yours. You were in constructive possession. Unless your "friend" comes clean and admits it was his you are both going to take the hit for it.
Guess what? The felony charge is already on your record. Get yourself an attorney - and start hanging out with a different crowd.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
well i do appreciate the responses. i concur on the statements about drinking. however this was the first time i ever went out with this person and had no intention on being involved in anything drug related. is there any safety precautions i can take to further prove my innocence prior to consulting an attorney? take a blood test at the hospital? as far as felony charges being on my record.....nothing goes on your record without a conviction. this is the united states....i am still innocent until proven otherwise.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
Do not talk to anybody without the attorney present. Get the attorney. The issue is that you aren't innocent. You had drugs in your constructive possession.
"Those aren't mine" is not a defense. Talk to your attorney and nobody else about this.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
A drug test does nothing for you. You are charged with possession, not use. There are no other "safety precautions" you can take besides hanging out with a better class of people.
It's interesting that you describe this person as your "friend" yet you say you've never been out with him.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
Quote:
Quoting
datech1560
well i do appreciate the responses. i concur on the statements about drinking. however this was the first time i ever went out with this person and had no intention on being involved in anything drug related. is there any safety precautions i can take to further prove my innocence prior to consulting an attorney? take a blood test at the hospital? as far as felony charges being on my record.....nothing goes on your record without a conviction. this is the united states....
Whatever you do or say prior to consulting an attorney will guarantee you a jail sentence.
It's what an attorney can do for you when you hire him that counts.
Quote:
Quoting
datech1560
nothing goes on your record without a conviction.
Wrong. The arrest and disposition goes on your "record" even if you don't get convicted.
Quote:
Quoting
datech1560
this is the united states....i am still innocent until proven otherwise.
Give me a minute to recover from falling off my chair laughing.
Watch this video and disabuse yourself of that naive notion:
https://www.youtube.com/watch?v=gpkc2FZFR5k
You can skip the intro and start Professor Duane's presentation about 6 minutes in.
Re: Drugs Were Found During a Traffic Stop That Were Not Mine
Quote:
Quoting
adjusterjack
The only thing that will likely save you from a conviction is if you agree to testify against your friend in exchange for immunity.
It seems like he has nothing to testify to, other than "it wasn't mine". It doesn't sound like the type of case where he'd get immunity.
Quote:
Quoting
adjusterjack
Did that also have to do with drinking?
I'd bet a week's pay on it.
Re: Charged With Drug Possession Due to the Presence of Drugs in a Car
Hello, this happened to me and I was on a highway driving and I had the cop search my car because I had nothing on me. Unsure if my friends did (driving back from a productive network party, stone cold sober). My one friend gave the cop his grinder (in his backpack prior) then the cop searched and asked whose backpack is the one with the alcohol and the grinder. My friend claimed it (which it rightfully was), and was arrested on site. I drive off with these tickets. I got a headlight, CDS, and open alcohol. Is it possible for me to even be getting charged ? My friend is basically on probation and claimed to the cops on the scene, so will I be fine ?
Thank you!
Re: Charged With Drug Possession Due to the Presence of Drugs in a Car
Quote:
Quoting
DanGilbert
Hello, this happened to me and I was on a highway driving and I had the cop search my car because I had nothing on me. Unsure if my friends did (driving back from a productive network party, stone cold sober). My one friend gave the cop his grinder (in his backpack prior) then the cop searched and asked whose backpack is the one with the alcohol and the grinder. My friend claimed it (which it rightfully was), and was arrested on site. I drive off with these tickets. I got a headlight, CDS, and open alcohol. Is it possible for me to even be getting charged ? My friend is basically on probation and claimed to the cops on the scene, so will I be fine ?
Thank you!
It's much better to start your own thread, and don't forget to include the name of your state.
Re: Charged With Drug Possession Due to the Presence of Drugs in a Car
The government will have to disclose to you all official reports made by the officer, which will detail exactly where the cocaine was found. Was it in the center console, the glove box, under your left leg, or under your passenger's leg? Maybe in the seat pocket behind one of your seats. On the floor behind one of you. These details are vitally important and only an attorney can determine whether you were in constructive possession or not. That is the only person who can answer your questions after conducting discovery and analyzing the evidence in the case. Nobody here has a clue.
Re: Charged With Drug Possession Due to the Presence of Drugs in a Car
The only thing you can do is hire a lawyer and see if he/she can get the drug evidence thrown out if the police had searched the vehicle illegally.
The police officer pulled the vehicle over because the driver was swerving, that is a legal vehicle stop. You will have to get the police officers affidavit to find out why he searched the vehicle and see if you can get the evidence thrown out of court.