Posession of Alcohol in Georgia
My question involves criminal law for the state of: Georgia
I was driving home when an officer pulled me over for having a front light out. I am very nervous around cops and (I believe) he mistook my nervousness as drug use. He asked me to step out of the car and I waited until a second officer arrived.
He asked me if it was okay to search my car and trunk. I said something along the lines of, don't you need a warrant for that? and he responded by saying something like, make an adult choice yes or no.
I said no, and he said he was going to have a dog brought in to sniff around my vehicle for narcotics.
A K-( unit was brought to the scene, and smelled around my car. The dog had detected positive for narcotics. (Which I did not have in my car, or for that matter ever touched ever in my life)
I swore to God that I did not have narcotics in my car after the K-9 officer had listed off which narcotics.
By this time four officers had arrived on the scene.
The first officer said he now had probable cause to search my car.
So, I agreed and two officers search the front and the back of my car and they found nothing. Then they asked to unlock my trunk and they searched that.
They found a bottle of half empty vodka. No narcotics.
The first officer charged me with Possession of Alcoholic Beverage Georgia code 3-5-23(a)(2) State law.
I have several questions.
1) What can I do against this charge?
2) What is the worst that could happen?
3) Will I need an attorney and where could I find one who would defend me at little to no cost? (I have very little money)
4) The first officer was out of his county, does that give him the legal right to do this to me?
5) If the bottle was found in the trunk does that make a different (as opposed to the back seat)?
6) Because the first cop could not search my car, is it possible there is some kind of scam where a K-9 unit falsely detects drugs (narcotics) so the cop would have probable cause to search my car?
Re: Posession of Alcohol in Georgia
1) Show up for court, plead Not Guilty, and ask for a public defender.
2) Fines, probation and suspension of your drivers license. Jail, but that's pretty unlikely unless you do something stupid in court.
3) See 1.
4) Yes.
5) Nope. Underage possession is underage possession.
6) I assure you, the police have better things to do than train their very expensive dogs for "scam" purposes. You broke the law, now man up and deal with the consequences instead of grasping at straws.
Re: Posession of Alcohol in Georgia
Why should I plead not guilty?
Re: Posession of Alcohol in Georgia
Quote:
Quoting
bear200
Why should I plead not guilty?
Because pleading guilty waves all of your constitutional rights. Moreover, it's a bad idea to consent to any search. Here's a tip: if the cops ask if it's okay to search something, they don't have probable cause to do it. If they have probable cause to search, they aren't going to ask for permission to do it - usually. Think of it this way: when you go home at night, do you ask persmission to go inside, or do you just open the door and walk in? It isn't overly common for people to ask for permission to do something they already have the right to do.
Most states grant state-wide commissions, but not all officers have it. It would depend entirely upon how the law is written and his commissioning source.
Among the rights pleading guilty waves is perhaps the most important one: the right to compel the state to prove its case beyond a reasonable doubt to a jury of your peers before an impartial judge.
Of course, saving the state money by pleading guilty generally makes your sentence less severe. But there's no guarantee of that. If you plead guilty, the judge can, in his own discretion, sentence you to the maximum penalty under the law.