Drug Crimes, Substance Abuse Possession of paraphanalia and possession of controlled substance

[Mrs.Alexander1009]

Jurisdiction

Mississippi

I rode with my sister to go visit her kids in town 3 Fridays ago and on the way back to the house, a police SUV and a police car pulled us over and said that they got a call in saying my sister ran someone off the road by driving "irratically", which I know for a fact that was a lie because we never passed a single vehicle on our road exept for the police SUV and police car, so they got my sister out and had her doing the sobriety test while I remained in the passenger seat of the vehicle, one of the officers walked over to the drivers side of the vehicle we were in, which was NOT ours, and opened the driver side door and claimed he found a "baggie" in the door panel, I was watching and he never stuck his hand in the door panel, he "picked" the "baggie" up from between the seat and the door, which gave them probable cause to search the vehicle. My sister and I didn't know what was all in this vehicle because all she did was borrow it to go visit her kids and she asked me did I want to ride, so I did.. They handcuffed me and put me in the SUV and my sister was in the cop car. The officers said they found a "pipe" under my sister's seat and a couple days prior to us getting pulled over, I had an abscesed tooth that had been hurting pretty bad and a friend of mine gave me 2 hydrocodones until I could make it to the dentist.. She gave me a little pill container to put the 2 hydros in and a watermelon change purse thing to put the little container thing in, it wasnt my stuff so I never did go through the bag or the container that she put the hydros in, I never even took them, anyway, the officer found that watermelon bag in my purse and said that there was 2 "baggies", the 2 hydros and a baggie of heroin in the watermelon bag, just like I said, I never looked through her little bag because honestly, I trusted her, so I got charged with possession of Paraphanalia and controlled substance.. I have never been in trouble a day in my life, never been to jail or nothing of that sort.. is there anyway I can beat this in court that I have coming up July 10th? I've never been in any trouble before so I really don't know what to do?

 

[KatDini]

Stop talking/posting about this to anyone/anywhere and start contacting attorneys in the jurisdiction where this happened. If you cannot afford an attorney, you request that one be appointed. If you have an attorney, speak only to that person about this.

 

[mightymoose]

You needed good legal counsel that will focus on the officer's reason for searching the vehicle.
If your sister unwittingly consented to the search then it complicates everything for you.
The only thing you said here that concerns me is that the officer opened the car door AND THEN found something in the door or beside the seat. As you have written it, I would take issue with his reason for opening the door to find something that was not already in plain view and using that to justify a further search.

If the search is found to be justified you will be on the hook for whatever was found in your purse. You simply won't beat it. You knew you were carrying prescription drugs and I wouldn't expect you to admit to the heroin, but you don't have to. They were clearly in your possession which is all the offense requires.

 

[Highwayman]

...a friend of mine gave me 2 hydrocodones...

Then your "friend" could get locked up too. You should tell her that she should be looking to get an attorney as well.

 

[leslie82]

I rode with my sister to go visit her kids in town 3 Fridays ago and on the way back to the house, a police SUV and a police car pulled us over and said that they got a call in saying my sister ran someone off the road by driving "irratically", which I know for a fact that was a lie because we never passed a single vehicle on our road exept for the police SUV and police car, so they got my sister out and had her doing the sobriety test while I remained in the passenger seat of the vehicle, one of the officers walked over to the drivers side of the vehicle we were in, which was NOT ours, and opened the driver side door and claimed he found a "baggie" in the door panel, I was watching and he never stuck his hand in the door panel, he "picked" the "baggie" up from between the seat and the door, which gave them probable cause to search the vehicle. My sister and I didn't know what was all in this vehicle because all she did was borrow it to go visit her kids and she asked me did I want to ride, so I did.. They handcuffed me and put me in the SUV and my sister was in the cop car. The officers said they found a "pipe" under my sister's seat and a couple days prior to us getting pulled over, I had an abscesed tooth that had been hurting pretty bad and a friend of mine gave me 2 hydrocodones until I could make it to the dentist.. She gave me a little pill container to put the 2 hydros in and a watermelon change purse thing to put the little container thing in, it wasnt my stuff so I never did go through the bag or the container that she put the hydros in, I never even took them, anyway, the officer found that watermelon bag in my purse and said that there was 2 "baggies", the 2 hydros and a baggie of heroin in the watermelon bag, just like I said, I never looked through her little bag because honestly, I trusted her, so I got charged with possession of Paraphanalia and controlled substance.. I have never been in trouble a day in my life, never been to jail or nothing of that sort.. is there anyway I can beat this in court that I have coming up July 10th? I've never been in any trouble before so I really don't know what to do?

You need to get a lawyer and stop posting online. No one on here can help you. Go find a lawyer.

 

[ElleMD]

Taking and or possessing prescription drugs belonging to someone else is illegal- toothache or not. The fact that there were other drugs and a pipe in the car is not good, coupled with the erratic driving. You need a lawyer immediately. I have no idea why she would be driving someone else's car, and why you would agree to take drugs someone gave you and carry them around with you, but those are things for you to discuss with your attorney.