Charged with Possession and Paraphernalia
My question involves criminal law for the state of: Nebraska
I was sitting in a car with 3 people, all of which had marijuana or paraphernalia, while I had nothing. When the officers came up to the car, they immediately told us to exit the vehicle. The driver asked why and the officers refused to give an answer. The officers failed to state at any point what our rights were. After I was searched and nothing was found, the cops gave me charges for possession of under an oz. and paraphernalia. When I asked why I was given the charges, they replied, "You were in the car." Beyond this, my ticket is written up with the car I was in, which was not my car. Is there anything I can do to get these charges dropped?
Re: Charged with Possession and Paraphernalia
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user
My question involves criminal law for the state of: Nebraska
I was sitting in a car with 3 people, all of which had marijuana or paraphernalia, while I had nothing. When the officers came up to the car, they immediately told us to exit the vehicle. The driver asked why and the officers refused to give an answer.
The driver can be ordered out for any or no reason. The passengers can be ordered out also. Although it is slimly possible your state constitution only permits a passenger to be ordered out with cause, it may not be hard to articulate that.
The reason for the latter statement is, Carl who posts here is a CA officer, and he has stated that passengers can only be ordered out there with a reason, so that is why I mention it, but it is not a good bet for you, as NE is not CA.
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The officers failed to state at any point what our rights were.
If you are speaking of Miranda warnings, the federal constitution does not mandate them in this situation, nor probably does NE.
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After I was searched and nothing was found, the cops gave me charges for possession of under an oz. and paraphernalia. When I asked why I was given the charges, they replied, "You were in the car." Beyond this, my ticket is written up with the car I was in, which was not my car. Is there anything I can do to get these charges dropped?
The basis of the charge is "constructive possession" it would seem, which means although not in personal possession, such as in a pocket, you had dominion and control over them as a passenger where others had actual possession. You can argue non possession, even constructive, if you choose to plead not guilty, it may or may not be a valid defense, case law will control.
Re: Charged with Possession and Paraphernalia
What would you suggest I plead? And do you think I can get at least one of the charges dropped?
Re: Charged with Possession and Paraphernalia
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What would you suggest I plead? And do you think I can get at least one of the charges dropped?
It is always a wise legal move to never plead guilty first time unless carefully thought out, plead not guilty. If you plead not guilty, it is possible they will bargain with you to vacate/reduce some other charges, yes.