Alcohol & Drugs: MIP, MIC, Intoxication Possesion of Marijuana with no evidence or tests

[rjmckenna]

I was at an apartment party the other night when the cops responded to a noise complaint. The resident invited them in(1st mistake) and they said they smelled marijuana(probable cause). After much intimidation and stern words, everyone fessed up to what they were doing to avoid going to jail. I told them I had smoked some but did not have any or any paraphanalia. (This was true) One guy owned up to providing the weed but only a roach and an empty baggy could be tied to him. They cited me with "posession of marijuana" because I had smoked it and it would still be in my bloodstream. Keep in mind no test was conducted to prove this. They made this determination based on my red eyes alone. I was told I could either sign the ticket and get booked at a later date, or I could take a ride downtown. I signed the ticket and have a court date. so what it boils down to is I got cited with possesion with no actual marijuana or field test to confirm that I was under the influence. Should I get a lawyer or would it be easier to walk into court proclaiming that I had never even smoked, seeing as they can't prove it. Help me out please, I don't want a mark on my record for merely having marijuana in my system(that wasn't even found)

Thank You,

Ryan TN -Hamilton County Sherrif's department

 

[Michael Wechsler]

You may wish to speak to an attorney with regard to a possible defense. Your own admission can be used against you. You spoke freely and they arrested you based upon your admission, right? The red eyes was a confirmation that you had inhaled. A smoking gun is not necessary for a conviction. Admissions are just as good, if not better! Circumstantial evidence can also be used.

My thought -- unless someone remembers your admission you can plead not guilty and put the onus on the prosecution to prove why you are guilty of the crime and why you should be convicted.

Originally posted by rjmckenna
I was at an apartment party the other night when the cops responded to a noise complaint. The resident invited them in(1st mistake) and they said they smelled marijuana(probable cause). After much intimidation and stern words, everyone fessed up to what they were doing to avoid going to jail. I told them I had smoked some but did not have any or any paraphanalia. (This was true) One guy owned up to providing the weed but only a roach and an empty baggy could be tied to him. They cited me with "posession of marijuana" because I had smoked it and it would still be in my bloodstream. Keep in mind no test was conducted to prove this. They made this determination based on my red eyes alone. I was told I could either sign the ticket and get booked at a later date, or I could take a ride downtown. I signed the ticket and have a court date. so what it boils down to is I got cited with possesion with no actual marijuana or field test to confirm that I was under the influence. Should I get a lawyer or would it be easier to walk into court proclaiming that I had never even smoked, seeing as they can't prove it. Help me out please, I don't want a mark on my record for merely having marijuana in my system(that wasn't even found)

Thank You,

Ryan TN -Hamilton County Sherrif's department

 

[Rathi]

Why would you be charged with posession though? I can understand under the influence of an illegal substance, (because of your admission), possibly, but posession????

That's like I get high at a weekend party, 22 days later I'm tested for drugs, (for whatever reason), and I'm charged with possesion for getting high 22 days ago??? lol

I think you can beat the charges without a lawyer myself, but that's just my opinion, follow TLP ^, I'm sure he's more comfortable talkin' about such things...

 

[freebird]

You can be charged with possession if you use a substance as almost by definition if you are using or drinking something then you are in possession (even if just temporarily) of a substance. Looking at the definition below, all one needs to do is possess the substance. It doesn't matter how temporary.

I don't think he'll beat the charges. It's like res ipsa loquitor. The acts speak for themselves. If he used it then he had possession of it. If he admitted use, then he is admitting possession.

IC 35-48-4-6
Possession of cocaine or narcotic drug
Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated), a narcotic drug (pure or adulterated) classified in schedule I or II, or methamphetamine (pure or adulterated) commits possession of cocaine, a narcotic drug, or methamphetamine, a Class D felony, except as provided in subsection (b).
(b) The offense is:
(1) a Class C felony if:
(A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or
(B) the person was also in possession of a firearm (as defined in IC 35-47-1-5);
(2) a Class B felony if the person in possession of the cocaine, narcotic drug, or methamphetamine possesses less than three (3) grams of pure or adulterated cocaine, a narcotic drug, or methamphetamine:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; and
(3) a Class A felony if the person possesses the cocaine, narcotic drug, or methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center.

Originally posted by Rathi
Why would you be charged with posession though? I can understand under the influence of an illegal substance, (because of your admission), possibly, but posession????

That's like I get high at a weekend party, 22 days later I'm tested for drugs, (for whatever reason), and I'm charged with possesion for getting high 22 days ago??? lol

I think you can beat the charges without a lawyer myself, but that's just my opinion, follow TLP ^, I'm sure he's more comfortable talkin' about such things...