Passenger Charged for Drugs in Car

[andyfox1987]

well another question I have is that maybe I can speak with the DA in Nashville about the situation? Would that be a bad idea? I'm just pretty mad that my friend wont confess to the charge. Since I have had a similar charge expunged in rutheford county TN, I dont know if they can look back on that and make this my second charge. I hope not at any rate, I can't afford a lawyer and I live with my parents so I can't get a public defender. My friend (or so I call him) said he talked to his lawyer, and his lawyer said the charges would be dropped. so confusing

[ashman165]

well another question I have is that maybe I can speak with the DA in Nashville about the situation? Would that be a bad idea? I'm just pretty mad that my friend wont confess to the charge. Since I have had a similar charge expunged in rutheford county TN, I dont know if they can look back on that and make this my second charge. I hope not at any rate, I can't afford a lawyer and I live with my parents so I can't get a public defender. My friend (or so I call him) said he talked to his lawyer, and his lawyer said the charges would be dropped. so confusing

Your friend's lawyer said his charges are dropped, or your friend's lawyer told him your charges will be dropped?

Pardon me for asking, but how old are you? You really need to find some way to get a lawyer.

Is it automatically the case where you live that if someone lives with their parents they're not entitled to a PD? Or are you a minor or something?

[andyfox1987]

Oh, I was just assuming. He told me his lawyer said he would get all of our charges dropped. But I really don't want to go on that alone. For all I know his lawyer could put all the charges on me and I would go to jail for another crime I didn't commit. I am 21, I believe I can get some sort of representation. The thing is, I can't afford a real lawyer in the Nashville area, and I don't know about the track record of appointed attorneys. I don't want the state to throw me under the bus for a crime I did not commit. If I knew that stuff was in the car I would have got out and walked 30 miles to my house. It would be way worth what I'm dealing with now.

[ashman165]

Oh, I was just assuming. He told me his lawyer said he would get all of our charges dropped. But I really don't want to go on that alone. For all I know his lawyer could put all the charges on me and I would go to jail for another crime I didn't commit. I am 21, I believe I can get some sort of representation. The thing is, I can't afford a real lawyer in the Nashville area, and I don't know about the track record of appointed attorneys. I don't want the state to throw me under the bus for a crime I did not commit. If I knew that stuff was in the car I would have got out and walked 30 miles to my house. It would be way worth what I'm dealing with now.

Oh, my mistake. I thought you said you can't get an appointed attorney because you live with your parents. (In fact, reading it again, I still believe you said that.)

Don't trust this friend of yours. Clearly he's no friend at all if he's willing to let you be charged for his drugs. Then again, this is what happens when you knowingly hang around people who do drugs.

While a PD might not be the best lawyer in the world, a decent attorney beats no attorney. A good portion of PDs are PDs because they want to be. They do that notwithstanding the knowledge they'll make less money than they would in some fancy law firm, ya heard?

As more than a side note, his attorney has no duty to represent your best interests. In fact, his duty is to his actual client, which you aren't. He can't charge you with a crime (you can't be a defense attorney and prosecutor at the same time).

Also, no judge is going to believe that you would have walked 30 miles to get home if you knew your friend had drugs.

The only way this is going to get taken care of is to get yourself an attorney and have him help you. You say you can't afford an attorney, but you live at home with your parents and have a job (or at least did on that day). Get rid of all of your luxuries: phone, cable, internet, eating out, girlfriend payments (if you have one), and anything else you pay for that isn't directly related to you staying alive. I don't know your precise financial arrangement with the 'rents, but you can see what kinds of things fit as options.

It's better to take a hit on your credit rating for being late on a cell phone bill (and to be without a cell phone for a couple of months) and stuff, than it is to go jail or get a criminal conviction. Old debts can be paid off and eventually go away. Old criminal convictions are usually there for life.

[andyfox1987]

Thanks alot man, I feel better knowing what direction to take. To me, this sounds like a simple open shut thing, but as everything in my life.. It will go wrong. I will maybe have to find a better job than the one I have now to pay off a lawyer. I did get charged for marijuana in the past but got it expunged. Will they look at that? I hope that I can come out on top of this case. It would be the right thing, because I would hate to get charged for something that I didn't do. The whole scene is crooked, and the justice system is corrupt if I get charged for drugs I didn't have on me or in my car. (or that I didn't even know about in that case) Not saying it already isn't though. heh.

[I should have seen it com]

I am not an expert by any means just a casual observer. In some instances charges can be plee bargined down,(correct me if I am wrong) maybe you could plee it down to a disorderly conduct charge, that is usealy what happends with people that I have heard of in this situation, who have a public pretender.

I would avoid the friend to he sounds like a less then reputable character, it is always wise to keep your aquaintences to a little more then a few.Another angel could be the guilt trip, put the squeeze on the guy make him feel ashamed of himself and make him feel so sorry for you that he admits it is his pot and get it on tape, or just ware a wire and get him to admit it was his in private and show it to the judge. That is how I would go about it, if all else fails.

The worst thing you can do is give up on your self and not put everything you have into proving your own innocents a lawyer is ok to speak the truth that you find but is largely useless in discovering evidence in a little case like this I meen it is not like you are on trial for murder, so he is not going to pull out the big guns so you have to go to extremes to PROVE YOUR INNOCENTS, other wise he will just advise you to plee out and you will have another charge on you.

ADVICE AND FACTS AS I HAVE SEEN THEM PLAY OUT MANY TIMES

[andyfox1987]

Yeah, that's a great idea. I wonder if a text message would work? I can get a recorder, but it's just getting him to admit that. He believes there was no pot in his car. blah blah, I don't believe that. It's more his fault than mine because the guy knows I don't smoke pot or have anything to do with it. Wish me luck guys, I just wish that this had never happened. I'm a good young man, I would never harm anyone, or lie to the police. I guess I will just wait for the sands of time to pour against me. After the court, I will let you guys know how it goes... take in mind that this pot on his floorboard was like maybe like the size of a penny. Ain't that a shame?

[I should have seen it com]

I do not belive that a text would do you as much good in court as an audio recording he could say it is not his number or he did not send it, but he can't deny it is his voice on the tape. Do not be obviouse about the whole idea that you are trying to get him to admit to it, just be subtle and lead him by kindness and guilt into the confession. point out all the harm it will cause and show how upset scared and sad you are, and lead him to the point where he cracks and bam theres the confession. Another point of advice is to check the device you will use out, get comfortable with it long before hand, make shure the data is not going to be erased by a built in feature or that the tape will run out just before the big momment(I highly recomend a good digital model, $75-$100). I usealy use a digital recorder purchased new from the store some have an attachable mike that is so small and has a 4 foot cord on it. Don't tell anyone you bought it what it is for or that you intend to use it, hide it from EVERYONE(DONT BRAG). If you tell one person you have it it is like using a megaphone to broadcast it, secrecey. Also get alot of one on one face time with him don't do it at a party with 20 people around there are to many distractions. A casual one on one is the best approach, if he drinks buy him a 12 pack, be so nice he feels guilty, then lead him to pity and subtley move in for the confession when the momment is right and the bond between you is strong.

[andyfox1987]

Alright guys, I went to court yesterday and this is what happened with the situation. Basically I went in court and went to the booking area, my friend that I was with was found in the booking system and booked for his charge of schedule II substance, I however asked for my information from booking, and I wasn't in the system whatsoever. I thought this was kind of strange. The booking lady told me that I was not listed under the case number, as I should have been, and I gave her my information in case the citation came in after the court date... So anyways, after being freaked out about the situation of me not being in the criminal system, I talked to a cop and asked him what I should do. He told me to go to the Police Records place across the street and find out if I had a arrest record. I went across the street, gave the lady my information, and I didn't even have an arrest record on file where this occurred at all. The police officer I talked to followed me in there after I got the information from records and told me that theres a very very good chance that the officer didn't even turn my citation in at all. This made me very happy indeed, because they did turn the other guys citation in. The reason I think they decided to not turn mine in is because they knew that it wasn't my pot in his car and I explained it to the officer extensively, telling him that I do have major panic attacks when I smoke pot or am around it. I think that I should be good, but i dont know how it will go down from here because I believe the officer has to turn in the citation before the court date listed. This was very strange to me, and I would like you guys feedback on this situation just to assure myself and keep an open mind about the situation. All of that worrying I did about this in the last month was a sure wakeup call.