Drug Crimes, Substance Abuse Possession cocaine charge, for residue on car seat I sat in

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Javier33

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Hello, I write this as I reflect on the worst experience of my life.. I'm a young university student that occasionally associates with a hedonistic crowd at rave clubs every few months, and this risk caught up to me big time.

I was with a friend at a rave party, which ended at 7am. I used public transport to get there initially and he offered me a ride home after (we both live in a city an hour drive from the club). He had some pot that I knew about, and he mentioned we would smoke a joint on the way home, which I admitted I did not oppose... what i did not know was he had cocaine residue on his car seats and an ecstasy pill in one of his pockets. I knew he indulged occasionally and may have that night, but was not concerned with what he may have had on him at that time as he was simply giving me a ride.. all I knew was he appeared sober and able to drive at that time, a very quiet holiday morning.

As we drove through the city to the highway, we we noticed we were being followed by a police car for awhile.. we drove smoothly but eventually bicycle police surrounded us and a car pulled up next, asking if we were coming from that particular club and what we were doing etc. He asked us to pull over. As we pulled to the side street as they requested, they saw me take a gulp of my bottled drink. they completely overreacted and made me get out of the car to examine my mouth, which was empty, as i did not try to swallow anything incriminating like they suspected. with the door open they looked in and saw zig-zags in a drawer and continued to search. This is when they found the residue on the seats, the pill in the driver's pocket, and arrested us.

I got taken to the station and put in a room, strip searched, and charged with possession of cocaine only because there were tiny bits on the passenger seat I was in. I had nothing suspicious at all in my clothes. I said they were not my drugs and I did not take any that night... he said "you were raving all night without drugs, i find that hard to believe, you look like you have 'pasties' ". I said I had drank alcohol and energy drinks all night, so was obviously dehydrated and tired. but apparently the driver told him a 'different story' that we both indulged that night and did inside his car. I just continued to say I had no knowledge of any drugs other than the weed, and simply accepted a ride home.

several hours later I was released on conditions that I don't communicate with the driver until my court day next month. He is in jail overnight for a court date tomorrow. Ideally I want to plead innocent as there is no concrete evidence that I took or possessed any drug, other than the tiny bits on the seat i was in... but the only thing in the way is the driver's apparent statement that I was indulging in his car. This is my first offence and all of this is very new to me and I desperately need advice...

How is this situation looking overall for me?

How will the result of the driver's court day, tomorrow, affect me?

How "good" of a lawyer will I need, and how can I determine who these are?

My court day is in a city an hour from where I live.. Should I be looking for a lawyer in my city or the other?

I am going to call some lawyers for consultation tomorrow, but am looking for as much input as possible.

Thanks
 
What state are you in?

What statute numbers are you charged under?
 
Sorry, I thought the field I filled out would have showed in the post... I'm in Ontario, Canada

Subsection 4(3) of criminal code:

(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession
or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by
him, for the use or benefit of himself or another person, and
(b) where one of two or more persons, with the knowledge and consent of the rest,
has anything in his custody or possession, it shall be deemed to be in the
custody and possession of each and all of them.
 
The only thing I know about Canadian law is that the RCMP do not have a sense of humor.
 
I have consulted a lawyer and am now confident that the police were just using textbook psychology methods on me when stating my friend admitted we both used the drugs... Knowing him and that police use this tactic makes me 99% certain he had the same story as me when questioned... and this would support the fact that I had no possession, knowledge or control over the cocaine on the seat that I was charged with possessing. I'm not sure if I will have to personally make a statement to a judge, but if I have to I will be sure to admit I was very irresponsible and learned from my mistake of letting myself get in circumstances where I have probable cause for possession of any drug... definitely not worth what I experienced.

I'm feeling better of my situation after going over it, I just have to wait now... Still, any advice or input on my situation is greatly appreciated. :)
 
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