Drug Crimes, Substance Abuse UPM and Representation Question

[BB21]

Hello and thanks in advance for just reading and any help you can offer on this situation.

Im 20 years old with no criminal history, and a few weeks ago while getting a ride home I was sitting in the backseat of my friends car while we'll say friend B drove friend A's car who was intoxicated. I and the drive however were sober. Earlier in the night my friends had smoked, and the car may have smelled a little like weed. While heading home we were pulled over for a broken license plate light, and both of my friends admitted to smoking. I however did not and said so while the officer pretty much rejected my claim. My friend let him search the car, told him he had a pipe but no weed in the car. They searched no weed was in his car, but the pipe in which had res in it and we all got upm's.

Today at court I was offered the standard 32 hours and drug review plea with a conditional dismissal after a year of good behavior or whatever. I rejected it, and entered a plea of not guilty. This is where Im confused I asked for a public defender when he asked if I have met with an attorney yet and he said I don't qaulify for one. I figured I wouldnt however my friend who had court the same day got a upm + a unlawful possession of alcohol or whatever it is called. Is it just the fact a upm by itself if not big enough of a deal to get a public defender? Financially Im a student of a family who would qualify for a lot of social programs including medicaid and I receive financial aid for school. Anyways, thanks again and any advice, or thoughts to clear my confusion on why I cant get a public defender and how they think this will play out if I represent myself.

 

[army judge]

Your intuition is spot on. The charge is too small to qualify for a public defender. Your buddy has more than one charge, hence faces enough jeopardy to qualify.

If you speak to the prosecutor and ask for a drug test, you might get the case dismissed when you pass the test.

 

[BB21]

ok thanks for the advice

 

[BB21]

Ok I got an update if u could again offer any knowledge you may have I'll be very appreciative. So today I had court for setting the trial as I pleaded not guilty, and today, for the first time I got a copy of the deposition. On it, the police officer lied, I don't know how it could be a mistake, saying I admitted to smoking marijuana when I never did. I feel like that puts me at a bad position, and frankly I'm not sure how I can go about debunking this. Should I try to get the two kids who I was with to be witnesses?

The cop who wrote my ticket actually never asked me about marijuana, he simply stood there and it was the other who accused and asked everyone if the did indeed smoke. Could this be used at all? And a final question I was only giving a summons never the deposition or anything that had this statement on it. Is that proper protocol? I'm pretty restless right now so again any answers I really appreciate.

 

[army judge]

What the officer did isn't new. You didn't expect him to tell the truth, did you? It's called "testilying". Books have been written about it. Google it.

Yes, you'd to need to have the other people testify to rebut the officer's claims. In the end, you might even have to testify.

The officer's deposition, if that is what it is, isn't something you'd normally get upon arrest. You have his version of events for trial. That's called discovery.

If you don't know what you're doing, hire an attorney. Or, take the deal. Or, start researching how to try a case. It's all there all over the Internet.

Do you think it was smart to carry drug crap around in car with issues? It was dumb. Tell those two turkeys to keep their car in good operating order.

 

[BB21]

First thanks for the resposne even though I dont necessarily appreciate the tone, if im reading it wrong, Im sorry, but your making a lot of assumptions Im just trying to confirm somethings I thought. My familys dealt with more bs from cops than you'd ever guess, all I wanted to know if it was like a speeding ticket where u get the deposition right there.

A broken license plate light, one that he didnt even realize is out still comes across as a huge technicality and more bs seeing as most states dont even require two license plates. Thanks for your help, Im done with this site now...