Drug Crimes, Substance Abuse First time offender / Simple possession "cannabis"

[Jeti0n]

Hi, I recently got pulled over for expired tags. I received my ticket for that (not a big deal), but while he was explaining the ticket to me another cop pulled up and started flashing his light in the back seat of my car and said "whoa is that shake?"... not exactly sure what shake is, but he was referring to the stogy cigar tobacco on my back floor board.

I'm guessing it was an excuse to search my car because right after the other cop asked if I smoked weed (replied with.. no I haven't smoked since I tried it years ago) then asked to search my car which is agreed because I had none of my own and never have so obviously I had none in my car! Wrong. He stripped my car and found a flat piece of a small bud no bigger than a dime in between two pages in a notebook that was soaked from rain I had for school in my back floor board.

Well this obviously got there from one of my many friends that sits in the back of my car. Not sure which one, but doesn't matter right now because it was found in my possession.

I honestly think they will just throw this case out and will be a waste of time since it was a freak accident, but you never know... and that is why I'm here asking.

I was hoping someone could give me a clean response on what I might be looking at for my situation.

-Jet

 

[mightymoose]

You more than likely can get the marijuana charge tossed, but you may need an attorney to accomplish that.
Otherwise, you are likely just looking at paying a fine if convicted, but it will be on your record.
Where you screwed up was when you allowed them to search your car... all you had to say was no. Sure, you had nothing to hide, but it's none of their beezwax what you have in your car anyway.... but if you consent, you are toast.
If you can afford to, lawyer up and make it all go away. It is pretty weak.

 

[jharris352]

Just for kicks and grins I would take a drug test to show that you have no pot in your system. Only take a test if you KNOW you have no drugs in your system.

Moose, you really think if he had said no they would have not searched? Or do you think they would have searched anyway?

 

[mightymoose]

Well... if the one officer truly believed he saw some marijuana on the floor then they likely would have searched anyway, but at least his consent would be removed from the scenario. Without consent the officer never could reasonably have been flipping through notebooks unless he actually determined those leaves on the floor to be marijuana. A quick sniff would tell if it was tobacco or marijuana, and that would be the end of it.

Personally, I don't think they would have pushed too hard if he declined if all he was stopped for was expired tags. It really has to do with how firmly the driver stands his ground. Most people are pushovers. It is very easy to search a vehicle and many people give consent without realizing it.... and if they give the opportunity, they will certainly be searched.

 

[Jeti0n]

Don't plan on getting anyone else involved in this. It's such a small case it isn't worth it.

I plan on bringing my mother because that's the only person I trust that could help getting me off with nothing or just a fine.

I'm honestly just looking for likely outcomes being in my situation.

1) This is my first time offense
2) Took a picture of tobacco or what the cop called "shake" that started the car search
3) And I have no drugs in my system because I used cannabis 3years ago when I tried it and have never used it since so I could take a drug test any time of the day.

Oh and why would I have such a small amount of weed in between some pages in a crappy damp notebook in the back floorboard of my car? That's right I didn't because it was dropped by one of my idiotic friends.

 

[Jeti0n]

I just never pictured myself in this situation... it's one of those "why did this have to happen to me" moments.

I'm just looking for some plausible outcomes when I get out of court... because I have to simmer over this for the next two months before I go to see the judge and I'm honestly losing sleep over it and acting like a zombie during the day.

And I know I'm kinda over reacting, but that's just me because I feel like I'm living another persons life right now... someone who smokes and drives around with it, but that isn't me.

To be honest I'm just extremely scared of going before a judge and having to pay like a 500$ fine then probation.... I just hope I get off clean because I am clean and always have been or I get someone simple like 5hours community service cleaning a fire truck or something.

This is about the only serious place I can come for serious answers... all others forums and boards I've posted this in are just kids or trolls saying "HAVE FUN IN JAIL GETTING RAPED!"

Doesn't really help me obviously.

 

[mightymoose]

1) This is my first time offense

How old are you? Your age can play a large part in the outcome.

2) Took a picture of tobacco or what the cop called "shake" that started the car search

This doesn't matter. You gave consent to search. It does not matter anymore what the officer saw. His search was a result of your consent, not his observation.[/QUOTE]

3) And I have no drugs in my system because I used cannabis 3years ago when I tried it and have never used it since so I could take a drug test any time of the day.

This doesn't matter either. You were charged with possession.
I suspect that such a small amount is only an infraction... in CA an ounce or more will make it a misdemeanor... maybe your state is similar.

Oh and why would I have such a small amount of weed in between some pages in a crappy damp notebook in the back floorboard of my car?

That is probably what the judge will ask you... why did you have it??? Saying that it is not yours is not a very good excuse... YOU were in possession of it, not a friend. Unless you can get your friend to come in to court and claim it, you might not want to go down that road.