Caught With Marijuana In Car, With A Minor Passenger

My question involves search and seizure law in the State of: California

Bout 2 months ago I had just gotten off work and was eating pizza with my friends, his girlfriend, and his younger brother, who was the only one underage. I had weed next to me because I was going to give his younger brother home a ride home and smoke with the people of age. Just then 2 cops came around the corner with their headlights off and proceed to come to my car yelling wheres the weed at where the weeds at. I knew it smelled like weed but I wasn't going to say anything. But I wasn't going to lie either. So I just said 'we got pizza'. He obviously thought it was a smart ass remark but he caught me off guard and told me to step out and put cuffs on me.

I only had probably...$7 worth of weed on me at most, we were not smoking, nor did they find the evidence that showed we were going to. It was all in 1 bag. Anyway, I'm charged with 272PC and 11357(B)HS which in order is contributing to the delinquency of a minor and possession of under an ounce. I seriously did not think these charges would stick because its ridiculous, he even towed my car and I got stuck with a $340 bill to get it out because they charged me for a weekend I couldn't get it out (this happened on a Friday night). I kept telling the officer that the car wasn't mine, we weren't even driving, and my dad (the registered owner) can come pick it up, but he insisted on towing it.

But I got a letter in the mail today saying the DA *did* file a complaint on both charges.

My question is basically to anyone with any experience with this, will my charges stick? I know they have a lack of evidence. I have no problem dealing with the possession charge, but this contributing to minors charge is ridiculous, those cops are convinced I ruined that kids life by having $7 worth of weed next to him. Not that it makes it any better, but that kid has been smoking since he was 10.

I hope the judge realizes what a waste of time this is.

Any tips on what I should say in court if I can saying anything would be great also. I guess what not to say would help too.

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Quoting butterz2005

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I had weed next to me because I was going to give his younger brother home a ride home and smoke with the people of age.

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There is no legal age for smoking marijuana ... it's generally illegal.

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I only had probably...$7 worth of weed on me at most, we were not smoking, nor did they find the evidence that showed we were going to.

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Neither of which is required for a possession charge.

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It was all in 1 bag. Anyway, I'm charged with 272PC and 11357(B)HS which in order is contributing to the delinquency of a minor and possession of under an ounce.

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Ouch.

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I kept telling the officer that the car wasn't mine, we weren't even driving, and my dad (the registered owner) can come pick it up, but he insisted on towing it.

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The officer is under no legal obligation to wait around for someone to come pick it up. Your dad can ask for a hearing on the tow if he wants to contest it.

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But I got a letter in the mail today saying the DA *did* file a complaint on both charges.

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Then, I suspect, they had something a little more than your mere possession of the weed. Likely someone told the cops that you planned to smoke it or share it with some underage kiddos.

You need to consult an attorney.

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My question is basically to anyone with any experience with this, will my charges stick?

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If the DA is filing, there is a very good chance they can bring it to trial. They still have to make it past the preliminary hearing, but establishing the probable cause necessary to pass the prelim. is not too difficult.

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those cops are convinced I ruined that kids life by having $7 worth of weed next to him. Not that it makes it any better, but that kid has been smoking since he was 10.

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It's not the cops that are filing charges it is the District Attorney ... and they don't have to prove that you ruined anyone's life, only that you aided in the child's delinquency.

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I hope the judge realizes what a waste of time this is.

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Doubtful. But, a good attorney might cast doubt on their evidence to support the 272 charge ... though, you cannot be sure what that evidence might be just yet.


- Carl

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There is no legal age for smoking marijuana ... it's generally illegal.

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I know there isn't, that isn't what I meant. I meant if he had not been in the car I would've gotten a MAXIMUM $100 ticket and been on my way for possession.

And there is no evidence to support their 272 charge. No evidence whatsoever that says we were going to smoke. I never said we were going to smoke and according to them it was my weed. They found nothing to smoke out of nor was it out of the bag. I don't see what they can use against me.

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If the DA is filing, there is a very good chance they can bring it to trial. They still have to make it past the preliminary hearing, but establishing the probable cause necessary to pass the prelim. is not too difficult.

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Why would it not be too difficult? We were not smoking, I don't know if that means anything to you, but don't you think it would've turned up differently if car was smoke filled and the kid was blown out of his mind? Fact is I was eating pizza, I just got off work and had no intention of letting this kid smoke my weed.

This case sticking would be ridiculous I don't think anyone can argue that.

If they have no evidence to support the 272 charge, then maybe that charge will be dropped - or dropped pursuant to a plea to a lesser offense.

I have no way to know what evidence they have or what the kids might have told the cops. If they were spun, or told the officers that you were all going to smoke the dope, then they might be able to make it stick. Obviously no one can predict what an unknown DA will do in an unknown situation with unknown details.

Dope can land you in a world of problems. With any luck, you will one day come to the conclusion that life is better without it.

- Carl

In California? Really? I'm curious as to what county this is, usually the fuzz is pretty leniant on small pot charges around LA county.

Anyways, as usual I'd suggest contacting NORML as they will probably take your case for free.

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Quoting andk

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In California? Really? I'm curious as to what county this is, usually the fuzz is pretty leniant on small pot charges around LA county.

Anyways, as usual I'd suggest contacting NORML as they will probably take your case for free.

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NORML does not typically take these kinds of cases ... if they did, they'd be broke in a week. But, he can certainly contact them. (I'd be surprised if they would take a criminal case that would cost them at LEAST a couple to three thousand dollars in an attorney's time for an issue that is not related to the advocacy of marijuana.

There is no over-reaching political issue at stake here, and like the ACLU, they are interested in things with a political statement and not with penny-ante state crimes. As this will likely be dropped to mere possession of marijuana (absent some other proof of contributing to the delinquency), it's likely a lot of worry over nothing.

- Carl

In case anyone was wondering. I had court today and I got 15 days in jail, 2 years probation, and $360 fine. However I hold to my not guilty and have requested a public defender, I don't care if my misdemeanor case costs my city $5,000. I'll be damned if they screw me over for shit as dumb as this.

This is not dumb.

You had weed in the car. You had a child in the car.

Here is what the court heard... you weren't going to share the weed with the kid, but with a group of other people.

You are admitting to possession and use of an illegal substance, but you aren't a LIAR!

c'mon... you are kidding, right? Exactly what are you going to appeal? That you didn't like the outcome? You need more than that.

Good luck.

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Quoting butterz2005

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In case anyone was wondering. I had court today and I got 15 days in jail, 2 years probation, and $360 fine. However I hold to my not guilty and have requested a public defender, I don't care if my misdemeanor case costs my city $5,000. I'll be damned if they screw me over for shit as dumb as this.

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So ... you got sentenced? Or were you just arraigned? Is the above "sentence" what the prosecution offered? Or, is it what the judge imposed?

- Carl

It was what was offered. Not what I was sentenced. It was for if I pleaded guilty at my arraignment. I am going to try and cut a deal with my public defender so that my contributing to minors charged is dropped and I will plead guilty to the possession which I have no problem doing.

Cyjeff you obviously don't know the whole situation...did you think I was trying to appeal the possession charge? I can care less about it.