Arrest, Search, Seizure, Warrant Arrested And Facing New Charges

[NOEMI31]

A Friend Is Currently In Custody For Possesion Of A Controlled Substance. He Was On Parole At The Time And Has Had Prior Convictions In The Past The He Has Done His Time For. He Does Have A Strike And Is Facing 12yrs. He Was Pulled Over And The Police Searched The Car And Found Drugs. He Claims He Gave A Ride To Someone And Was On His Way Home And Was Not Aware Of Anything In The Car. Is There Anything That He Can Do To Help Reduce His Sentence. He Has Been Out Of Trouble And Stayed Clean For Years. Please Advice.

 

[CdwJava]

A Friend Is Currently In Custody For Possesion Of A Controlled Substance. He Was On Parole At The Time And Has Had Prior Convictions In The Past The He Has Done His Time For. He Does Have A Strike And Is Facing 12yrs. He Was Pulled Over And The Police Searched The Car And Found Drugs. He Claims He Gave A Ride To Someone And Was On His Way Home And Was Not Aware Of Anything In The Car. Is There Anything That He Can Do To Help Reduce His Sentence. He Has Been Out Of Trouble And Stayed Clean For Years. Please Advice.

If I had a dollar for every time I heard this one!

So, did he give up the name of the mystery rider, or was the passenger known only by a first name or nickname, and no contact info?

Sorry, but someone with priors for dope, on parole for dope, and being found with dope, is not going to rate very high on the believability meter.

- Carl

 

[NOEMI31]

He Only Said He Met Him At An Aa Convetion That He Was Attending And He Only Knows Him By His First Name, He Claims That This Person Wanted A Ride To The Detox Center So He Took And Was On His Way Home. Will It Help That He Was Clean While He Has Been? I Agree With You Everyone Will Claim It Was Not Theirs. Granted He Has Priors But Is There Anything That Can Be Done Or Is Just No Use In Fighting It?

 

[CdwJava]

He Only Said He Met Him At An Aa Convetion That He Was Attending And He Only Knows Him By His First Name, He Claims That This Person Wanted A Ride To The Detox Center So He Took And Was On His Way Home. Will It Help That He Was Clean While He Has Been? I Agree With You Everyone Will Claim It Was Not Theirs. Granted He Has Priors But Is There Anything That Can Be Done Or Is Just No Use In Fighting It?

He probably has nothing to lose by fighting the charge, but I doubt he's going to prevail unless someone else saw this mystery man in the car and can identify him.

Sorry, but the mystery suspect fairy tale is so common as to be laughable. It's right up there with, "These aren't my pants," (right after we find dope in a pocket).

- Carl

 

[NOEMI31]

Now Other Than Using The Person He Said He Gave A Ride To Is There Anything That He Can Do? He Is Going To Try To Fight It But Something That May Get Him Less Time Other Than 12 Years. He Knows He Is Doing Time Regardless But The Time Is What He Is Trying To At Least Get Reduced.

 

[CdwJava]

With his prior history, about all he can do is pray and - maybe - ask his attorney to beg for a deal. I doubt he has much wiggle room for negotiation, so he may not be able to get very far with a plea deal.

- Carl

 

[NOEMI31]

If Drugs Are Found Is It Procedure For The Officer To Test For Methamphetamines? Or Are They Just To Assume They And Do They Have To Do It In Front Of The Suspect?

 

[CdwJava]

If Drugs Are Found Is It Procedure For The Officer To Test For Methamphetamines? Or Are They Just To Assume They And Do They Have To Do It In Front Of The Suspect?

The drugs would almost certainly be tested before court either by a presumptive test (quick and easy, often done by trained personnel at the office) and/or by a laboratory. These are almost certainly NOT going to be done in the presence of the suspect.

- Carl