Drug Crimes, Substance Abuse California Minor in Possession of Marijuana and Alcohol

[jken]

I am 17 years old and have not gotten any tickets, charges, or infractions until 12/22/08. I will be 18 in July of 2009. I was driving home from dropping a few friends off on Capitol Expressway in San Jose. The expressway ended and I didn't stop for the red light. A cop pulled next to me and asked me why I was speeding. I wasn't speeding, but I did run the red light. I pulled over and got out of my car with my license. The two cops approached me, asked me if I had been drinking and if there was anything illegal in my car. I said no, but knew it may smell of marijuana (I had literally a pinch left.) They also asked to search my car, and I said no, I needed to get home for curfew. He wrote me up for 2 infractions: one for the red light(21453), one for speeding at 45 on a "safe 35."(22350). Before they would release me, they asked for proof of insurance. I said I would get it out of my car, but they stopped me, saying that I could potentially be getting a weapon. They then said they have a right to enter my vehicle upon suspicion. The one cop entered my car and got the insurance proof, and said it smelled like burning marijuana. After searching my car, the officer found marijuana residue in a small bag, a pipe, and two small shot bottles of bacardi which were unopened, in a brown bag, and under the backseat in MY purse. (and were there unknowingly.) The marijuana and pipe were mine but the alcohol was not bought, consumed, or knowingly transported by me. (I had a 22 year old passenger that had put the alcohol inside my purse in the party, and I left with it still in my purse.) In addition to my 2 infractions, I got two misdemeanors: diver in possession of marijuana (23222) and driver under 21 possession of alcohol (23224.) I a writing because I don't don't know what to expect in court, and do not wish to pelad guilty to something that was not in my knowing possession (the alochol.) I will plead guilty to the "less than 1oz of marijuana" charge because it was infact mine. I also do not wish to plead guilty to the speeding ticket, because the expressway is infact 45mph. Loosing my license jeopodizes many things for my future; I will be commuting to a Cal State in the fall, and am currently looking to get a job, amongst many other things.

-What should I expect in court, will I have a chance to explain my story, and should I really plead guilty to a charge I was unaware of? Should I state it was mine alltogether?(Im worried I will appear irresponsible if I plead not guilty to this charge.)
-Given good grades, respectful and remorseful attitude, and bright future, will the judge grant lesser punishment?
-What are the smartest decisions when it comes to my pleas, and how can I suggest other options such as a deffered entry program and/or community service, to enable my positive future?
-What should I do leading up to my court date (such as drug classes, community service, etc.)
-and greatly, how can i avoid my license suspension???

thank you!

 

[raskalnikov]

the whole story of someone putting little alcohol bottles in your purse unknowingly to you will never fly.

You need to get an attorney.

I will plead guilty to the "less than 1oz of marijuana" charge because it was infact mine.

At arraignment? Don't. It's giving away leverage. Everyone pleads not guilty at arraignment. The prosecutor may agree to drop all charges except the marijuana charge. . .

 

[jken]

Hi, thanks for the quick reply.

In regards to getting an attorney, is a public defender any help? I don't know how I could afford an attorney. Also, at arraignment, what will happen? Why should I plead not guilty? Are you suggesting the charged will be dropped if I plead not guilty to all charges?

Thanks for the help.

 

[CdwJava]

No, I doubt the charges will be dropped if you plead not guilty. Why would they?

If you are not facing jail time for the offenses (and you are not) then a public defender will almost certainly not be appointed. If you are a minor (and since you apparently had a curfew, I assume you are), then you might have to ask mom and dad to hire an attorney for you unless you want to challenge the citations on your own.

Unfortunately, I see many avenues to approach and justify the search and the discovery of the marijuana and alcohol, so I doubt that you will ultimately prevail. perhaps you or your attorney can negotiate a plea deal to a lesser offense.

- carl

 

[mightymoose]

Just wondering

It has been awhile since you posted... how did things turn out?

As you explained the circumstances it sounds as if all you should have been liable for is the ticket for running the red light. Contesting a 45 in a 35 in court could be beaten.

As for the officer not allowing you to get the insurance out of your car, that is very bad. The very unlikely had reason to believe that a 17 year old girl that ran a stop light would be reaching for a gun. The officers would have to articulate why they perceived you as a threat and believed you were going to get a weapon. They MUST have your consent to get in that vehicle unless your are unlicensed or if they see something illegal that is in plain view... OR if they can articulate that they smelled marijuana through an open window.

As you described it, they entered your vehicle unlawfully, searched unlawfully, and went beyond the scope of the search when they opened the purse.

As for your plea... no contest to the red light and not guilty to the rest. On top of that you assert a violation of your civil rights (4th Amendment protection against unreasonable searches and seizures) and file a civil suit against the police department and the officers involved.

For your sake, I hope this mess got tossed in your favor. That is all assuming the account of events you provided were completely accurate.

 

[jken]

RE: just wondering

Hi,

I attended juvenile arraignment where I sat in a small room with a "judge" and my two parents. He read my charges and asked that I explain the situation to him. I stated exactly what I have previously written about my case. Concerning my mistreatment by the SAN JOSE POLICE DEPARTMENT, This judge was not interested in the unlawful search whatsoever, since the cops in fact found something upon searching my vehicle, and "it is their job to find the drugs." Concerning my charges: As for the speeding, the judge explained "if they feel it is an unsafe speed for that time, or since you were speeding through a light, it was unlawful to do." Therefore he said a 35 in a 45, though the mph was 45, it was "the cops call to determine safety." So i was charged with speeding. I was also charged with possession of marijuana despite the .00 amount of reside found in my glove compartment. Luckily, my alcohol charge was dropped, the cop said he wasn't sure if i was lying about it not being mine, but could see that I would benefit from an alcohol/teen driving course regardless. And, of course, I was charged with running a red light.
So he wrote down on a yellow/pink paper (he kept the original/top sheet) and wrote out a receipt of my charges, my homework to correct them and the dates they were due. Overall I was charged with POSSESSION OF MARIJUANA, SPEEDING, AND RUNNING A RED LIGHT. My restrictions/punishment included: (1) Could not receive a driving ticket at anytime for 3 months or my license would officially be suspended for one year. (2) Attend a 3-hour long Teen Drivers/Alcohol course with a parent (3)A fine of $355.00

And of course my parents took away my car for 2 of those 3 months, not including the 2 months it was taken away while i WAITED for my court date.

Unfortunately, I now understand the reason why a lot of people do not trust cops. My first experience, my worst experience, MY LAST experience.

 

[mightymoose]

Sounds like you got out of it fairly well... you would have gotten the fine for the speeding and red light regardless.
The marijuana and alcohol WAS found on a bad search, and with some legal representation you likely could have had that thrown out. Even so, the charges are petty and the expense of an attorney wouldn't be worth it.
Do a little research on the net and see what it takes for a police officer to lawfully search your vehicle... I think you will find that they were out of line.
Without your permission or a warrant they need to have seen something in plain view or have a reasonable suspicion that drugs or weapons are in the car... your refusal to allow a search is your right and is not reasonable suspicion giving grounds to search.

Anyway... this is all in the past now and your driving record should be clear, so you got out of it alright. In the future remember that you do not have to answer their questions or give them permission to do anything. Just give your ID and vehicle papers and repeatedly ask them, "Am I free to go now?" If they say no, make sure they give a reason why.