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Chraged and Arressted, NOT GUILTY, Please Help!!

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MyAngelEyez

Junior Member
Missouri

I was in a Van and was being taken by a person who is a friend of a friend to my bossess home to borrow his car as mine is broke down. We were on our way. He got pulled over for expired plates which I was unaware of first. Then they asked him to step out of his Van as I waited a Police officer came to my side asked for my liscense I gave it to him as I havent had a ticket since 1991. When he came back he asked to step out of the van I did with no problem. He searched the Man's Van and under my seat he found marajuana. I do not smoke the stuff! I was unaware he had it and I was the one arrested because the officer said that the driver couldn't reach it? I am very confused why I am the one who is in trouble, I didn't own the car, DO NOT do illegal drugs and don't know what I should do? This happened at 12:30am CST (today) March 17, 05. Please help :confused:
 


Scrutinizer

Junior Member
It sounds like you were charged with Constructive possession.

A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it. The State will have to prove beyond reasonable doubt that you had knowledge of the presence of the marijuana and control over it.

I would suggest you get an attorney with experience in this type of case.
 

smutlydog

Member
MyAngelEyez said:
Missouri

I was in a Van and was being taken by a person who is a friend of a friend to my bossess home to borrow his car as mine is broke down. We were on our way. He got pulled over for expired plates which I was unaware of first. Then they asked him to step out of his Van as I waited a Police officer came to my side asked for my liscense I gave it to him as I havent had a ticket since 1991. When he came back he asked to step out of the van I did with no problem. He searched the Man's Van and under my seat he found marajuana. I do not smoke the stuff! I was unaware he had it and I was the one arrested because the officer said that the driver couldn't reach it? I am very confused why I am the one who is in trouble, I didn't own the car, DO NOT do illegal drugs and don't know what I should do? This happened at 12:30am CST (today) March 17, 05. Please help :confused:
I know someone who borrowd a car and was stopped for expired registration.The person he borrowed it from had an open title so technically it wasn't his car either.The police searched and found a quarter gram of meth.He refused their plea bargain (against the advise of his public defender) offer and stuck to the not guilty plea.His argument was that it wasn't his car or drugs.Right before the case went to trial all charges were dropped.
 

ENASNI

Senior Member
Huh?

MyAngelEyez said:
Yes I was after finding out my 84 yr old GrandMa was sick and he owns more than one vehicle.

What? You were at a party... and you were drinking and needed a DD.
 

MyAngelEyez

Junior Member
Driven to bossess home at 12:30am??

Besides the fact there isn't a time limit on when a person might need a car, I lucky enough had a docter's appointment yesterday the 17th of March same day this happened and asked him to give me a Drug test in which he took blood and urine to prove I am clean. I feel honestly in my heart that he just wanted to arrest someone. Also I was not given a ticket, told my miranda rights, all they did was take too the station took a guess mug shot's (pictures) and was finger printed, this might help as being I didn't know it was there my prints won't be on it. All I can say was I feel in mt Heart I was falsley arrested, not charged as of yet. God this is the worse nightmare I have ever faced! :(
 

MyAngelEyez

Junior Member
No I wasn't at a "PARTY"

ENASNI said:
What? You were at a party... and you were drinking and needed a DD.
No I was at my home and called my cousin to get or find me a ride (mistake #1) I had no clue anything about this Man except that he was a friend of her neighbors (mistake #2). I am a single/divorced Mother of three honor roll children (oldest graduated with a 4.0 last Summer) and all I can say is My GrandMother is like my Mother as she rasied me. No not into drinking, sorry.
 

MyAngelEyez

Junior Member
What happened with the driver?

Scrutinizer said:
What happened with the driver? Was he arrested? Did he provide the officer with a statement?
I know he was ticketed for expired plates, Otherwise he was let go??? I havent a clue what he said to the officer at this time I am under the assumption he said that it wasnt his marijuana that's why I was arrested, I did do a drug test at my MD's it of course is negative. Also my cousin has done alot of questioning and he indeed smokes according to another neighbor. I feel like the officer was just having a "BAD" day! As I sat in the police car waiting for him his dog was licking my face as I was telling him to settle down and his Daddy was comming (I have two dog's) and the officer said "don't mess with a trained killer dog" because he saw his dog's response to me and I said "Sorry maybe he likes your wife and realizes that I can be trusted" and he said in very mean tone "I'm not married". As the day's go by I am still in shock, was told this can just be dropped according to some people (people with Authority) and just to wait and see, I am still, honestly numb over the whole thing!
 

Scrutinizer

Junior Member
I know he was ticketed for expired plates, Otherwise he was let go??? I havent a clue what he said to the officer at this time I am under the assumption he said that it wasnt his marijuana that's why I was arrested


Even though you had a negative drug test, don't count on the State to drop the possession charge. I can only urge you to seek out an attorney, and he or she can get the police report and any statements given by the driver. I would suggest that you not sit on your hands and wait on the State, as they more than likely are trying to put a case against you. You really need to talk to an attorney. Best of luck.
 

MyAngelEyez

Junior Member
Charged and Arrested, NOT GUILTY, Please Help!!

Scrutinizer said:
I know he was ticketed for expired plates, Otherwise he was let go??? I havent a clue what he said to the officer at this time I am under the assumption he said that it wasnt his marijuana that's why I was arrested


Even though you had a negative drug test, don't count on the State to drop the possession charge. I can only urge you to seek out an attorney, and he or she can get the police report and any statements given by the driver. I would suggest that you not sit on your hands and wait on the State, as they more than likely are trying to put a case against you. You really need to talk to an attorney. Best of luck.

I want to thank you for not being judgemental of me for something that I was honestly charged for and am not guilty! I will contact my attorney on Monday to see what I am to do next being that I havent got a ticket, I just am assuming that the charges have to be the driver's marajuana, it's sad that someone walks when guilty and another pay's for a crime that is unjust.
 

conflix

Member
MyAngelEyez said:
As I sat in the police car waiting for him his dog was licking my face

Plz excuse me while I laugh out loud. Too bad someone didn't have a camera. :)

But seriously, I would be just as upset over this as you are.

If possession of marijuana, in certain circumstances, has been decriminalized in your state you should appear in court on the return date with an affidavit from your doctor, stating at your request he caused a drug test to be conducted on your blood fluids. Also have a copy of the lab results.

Plead not guilty and respectfully advise the court you are ready to go to trial and ask the court to schedule the earliest date possible for a trial.

Don't be afraid of these people who run our courts. While some of them are true professionals, most are jaded and burnt and could care less about finding justice.

Stand up to them. After all, what jury would convict you after your doctor testifies he conducted blood teats that came up negative for cannabinoids?

Of course, this case will never go to trial because you were intelligent enough to secure evidence presenting substantial reasonable doubt that you do not use use marijuana.

Of course if your state considers possession of small amounts of marijunana as a serious offense, I would hire an attorney to help me dispose of this matter.

But if your state is like mine (NY) and imposes only a fine with no jail time for possession of small amounts of marijuana, I would take the state on myself and demand they give me my day in court so I could question the officer in front of a jury of my peers.

I would love to see and hear the jury's reaction when they learn the K-9 officer was licking your face as you sat in the patrol car.

I am not going to wish you good luck because based on what you wrote, you are not going to need it. you got something better..it's called the truth.
 
A

absconder

Guest
K-9 love

So if the police dog licks you the dopes not yours huh?
 

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