Marijuana Possession - What Should I Do

[indy_student]

My question involves criminal law for the state of: Indiana
I was charged with Possession of marijuana, a Class A misdemeanor here in Indiana. The way I was arrested was questionable. We were parked in a car when they asked us to step out, and they began searching my car, even though I clearly said that I did not give them permission to do so- search without a warrant. The police found marijuana on my friend and arrested him. The police never read us our Miranda rights before questioning my five other friends and me. We knew we could remain silent, but it was cold, about 20 degrees and no one was wearing a sweater. The cops had said they had all day to wait. One of my friends admitted to sitting where another small bag of marijuana was found, and I admitted the pipe to be mine. They arrested me because "I had no ID", except for my University police issued student photo ID.

At our first appearance, my friend who had the bag of marijuana didn't have any charges, but I did. They offered me a pretrial aversion, similar to probation, but I have made arrangements with my university to go study abroad this summer. I am also innocent of the charge, but if I go to court and lose, I would immediately get expelled, and my applications to med school will be thrown out. If I do the pretrial aversion, the University may find out about my criminal records, since I would have to give a reason for not being able to study abroad, and would expel me anyways. So I am wondering, do I have a chance to win if I go to trial? Or would it be better to settle for the pre-trial aversion? This is a first-time offense of any kind.

[aardvarc]

So I am wondering, do I have a chance to win if I go to trial?

The only person who can answer that question is a licensed attorney in your state who has a copy of the charges, and the actual report filed by the police. We have your side of the story only - we have no clue about what the police version of events might be - and without knowing that no one can possibly evaluate what "odds" you might get taking it to trial.

Or would it be better to settle for the pre-trial aversion? This is a first-time offense of any kind.

If it's offered, this is often a good choice. But it'll depend on the exact language of the offer.

You need to be consulting with a local attorney who will know the options and programs available in your court, the sentencing habits of local judges, and can evaluate your best course of action based on the police report and pertinent evidence.

[indy_student]

I was assigned a public defender, and I have called three times a day for the past week to try to talk to him. My court date is coming up soon, so I am becoming worried.

The police report says that I had claimed the marijuana to be mine, even though I distinctly claimed only the pipe. The police also claimed that I had failed to identify myself. When the police arrested me, wasn't there anything that they did wrong that I could use in a trial?

[cyjeff]

You want to turn this into a constitutional argument?

Were you sitting or sitting and smoking? I guarantee that if you were smoking, the cops could smell it 100 ft away.

[tc498]

Since you have many issue to worry about,I would consider hiring a good private lawyer,sometimes they can work magic. In many places the pipe itself is a charge by itself. A pd is busy with so many cases,you probably will have to wait until court to speak to them for any question or guidance. Some lawyer offer a free consultation,that can't hurt to get an option or 2 . Either a pd or a private probably can't do much until he see what evidence there is and what the da is willing to do. The pretrial program seems like a diversion which would leave you with out a criminal conviction,part of the records may come up.