|
Anonymous #1
|
Urgent: possession controlled substance charge
#18534100 - 07/09/13 12:42 PM (10 years, 10 months ago) |
|
|
So my court date is today in a few hours, and I want to beat this charge. The drugs were not on my person at the time of arrest, it was found in my wallet which was in the car. Say my friend was in possession of my wallet and put the drugs there before we were arrested, would that be a useable defense?
Again the drugs were not in my possession during the time with the interaction with the police, it is assumed that the drugs are mine (from their point of view).
|
Sham87
hella


Registered: 05/16/11
Posts: 9,865
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534111 - 07/09/13 12:47 PM (10 years, 10 months ago) |
|
|
What was the quantity of drugs you were caught with. They won't buy the friend put them in my wallet excuse.
If it is your first offense you might get off easy depending on the quantity. Honestly it depends on the judge.
Good luck and good vibes brotha.
--------------------
   ...once in a while you get shown the light in the strangest places if you look at it right...
|
johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534112 - 07/09/13 12:47 PM (10 years, 10 months ago) |
|
|
Ah yes, your "court date". I'm sure that's enough information to give you this urgent advice you need. If its a trial your fucked anyways. If its an araignment, just ask for a lawyer if you can't afford one, otherwise plead not guilty and go retain an attorney.
And you confessed to the officer, right? What exactly did you admit to or kind of admit to or agree to or whatever? Where the actual product is doesn't matter so much in many cases as people just admit everything.
I assume this is in Botswana, yes?
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: johnm214]
#18534144 - 07/09/13 01:01 PM (10 years, 10 months ago) |
|
|
No, I didn't admit to having the drugs in my possession. It is my first offense. This is in the US. The amount was a little less than a half gram of heroin.
Also I'm not exactly sure what the difference between an arraignment and a trial are, this will be my first time appearing in court for this charge.
|
Dr.Dankhead
Uhh...doctor gonzo?



Registered: 03/29/13
Posts: 5,187
Loc: Breathing down your neck
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534148 - 07/09/13 01:04 PM (10 years, 10 months ago) |
|
|
Quote:
Anonymous said: No, I didn't admit to having the drugs in my possession. It is my first offense. This is in the US. The amount was a little less than a half gram of heroin.
Heroin, awe sorry to hear bud, but you are fucked..
I had Similar charges=fucked in the anus region..
I'm sorry to hear, but good luck at court,
Court=shit..
--------------------
**need a check up?** **im a Doctor**
         i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534164 - 07/09/13 01:09 PM (10 years, 10 months ago) |
|
|
Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534266 - 07/09/13 01:35 PM (10 years, 10 months ago) |
|
|
Heading to court now. Wish me luck.
|
Dr.Dankhead
Uhh...doctor gonzo?



Registered: 03/29/13
Posts: 5,187
Loc: Breathing down your neck
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534305 - 07/09/13 01:43 PM (10 years, 10 months ago) |
|
|
God speed, and good luck be with you...
Court systems are so fucked up these days..
--------------------
**need a check up?** **im a Doctor**
         i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534480 - 07/09/13 02:28 PM (10 years, 10 months ago) |
|
|
Quote:
Anonymous said: Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?
The reason it's not going to work is you have no way to prove it. In your wallet is plenty to make a prima facie case for possession, so you'll have to offer evidence that the guy put it in there...unless that person testifies, how are you going to do it? Do you have hidden cameras in your car?
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
leon trout
Estimated Prophet



Registered: 09/13/12
Posts: 1,089
Loc: The Timbers of Fennario
Last seen: 4 years, 9 days
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18534500 - 07/09/13 02:33 PM (10 years, 10 months ago) |
|
|
Quote:
Anonymous said: Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?
are you trying to put your drugs off on someone else?.. because that's what it sounds like... if i were yr friend & knew you were thinking along these lines, you'd be minus one friend... man up, lawyer up... it's the only fucking civil approach...
-------------------- “I read somewhere that 77 per cent of all the mentally ill live in poverty. Actually, I’m more intrigued by the 23 per cent who are apparently doing quite well for themselves.” ~ St. Jerome of Marin
the bus come by & i got on, that's when it all began
|
Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
|
Re: Urgent: possession controlled substance charge [Re: Enlil]
#18535081 - 07/09/13 04:38 PM (10 years, 10 months ago) |
|
|
Quote:
Enlil said:
Quote:
Anonymous said: Also, why wouldn't the "my wallet was in my friend's possession as collateral for a previous debt and he put his heroin in my wallet to get out of jail himself" defense not work?
The reason it's not going to work is you have no way to prove it. In your wallet is plenty to make a prima facie case for possession, so you'll have to offer evidence that the guy put it in there...unless that person testifies, how are you going to do it? Do you have hidden cameras in your car?
In Canada, they have what is called the Canada Evidence Act. Now I am no expert or even competent to give advice, but here is what I know.
Under the Canada evidence act, if someone else put the drugs in the guys wallet, they could go to court, and testify under the Canada Evidence Act that they put the drugs in the wallet and the accused would stand a good chance of beating the charge.
Do they have a similar system in the USA for presenting testimony of similar cases?
However, I think in this case, i also agree the accused (OP) is going to be found guilty. I assume it would probably be a relatively simple charge and probably result in a fine, probation, drug counselling etc.
Curious ....why do people commit the crime if they are not comfortable with doing the time ?
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Urgent: possession controlled substance charge [Re: Vitalux]
#18535137 - 07/09/13 04:48 PM (10 years, 10 months ago) |
|
|
Certainly, the friend could testify that he put the drugs in the OP's wallet, but then he'd be admitting to a crime under oath and be handing himself up for conviction on a silver platter.
The friend can't be FORCED to testify to that, however, because he has a 5th amendment right against compelled testimony against himself....So unless the friend is willing to go to jail for OP, I don't see it happening.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: Enlil]
#18535655 - 07/09/13 06:16 PM (10 years, 10 months ago) |
|
|
Relax guys, I never said anything about testifying against my friend or putting the charge on him, I could've easily said that someone else I know that I owe money to held my wallet as collateral and this shit happened. I'm not a narc or scumbag douche so don't assume so idiots.
I'm just trying to not become a felon over a tiny piece of dope and lose my second amendment rights over it.
Any help is appreciated.
Also, went to court, what a waste of time, they pretty much made me go there just to assign me a public defender, then I went home. Wtf...
|
Sham87
hella


Registered: 05/16/11
Posts: 9,865
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1] 1
#18535923 - 07/09/13 07:11 PM (10 years, 10 months ago) |
|
|
You're legal troubles are just beginning bro.
--------------------
   ...once in a while you get shown the light in the strangest places if you look at it right...
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: Sham87]
#18535990 - 07/09/13 07:24 PM (10 years, 10 months ago) |
|
|
Yeah, I know, it's completely fucked, we weren't even doing anything but having a conversation. Nobody else was involved and nothing else that should be illegal was done.
It's like if they made possessing Cheetos illegal and we'd all have to hide our Cheetos while eating them or not eat them at all.
Seriously, fuck 'em.
|
Sham87
hella


Registered: 05/16/11
Posts: 9,865
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18536008 - 07/09/13 07:27 PM (10 years, 10 months ago) |
|
|
If you live in California you can always use prop 36.
--------------------
   ...once in a while you get shown the light in the strangest places if you look at it right...
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18536015 - 07/09/13 07:28 PM (10 years, 10 months ago) |
|
|
That's the point...so you won't use heroin.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
Anonymous #1
|
Re: Urgent: possession controlled substance charge [Re: Enlil]
#18537413 - 07/10/13 12:08 AM (10 years, 10 months ago) |
|
|
What the fuck is wrong with using heroin in the privacy of your own car? Actually, we weren't even using, we had used hours earlier. It's not like the neighbors saw us tying up and the cops showed up with us in needles in our arms with eyes rolled back and tongues hanging out. We were completely sober having an intelligent conversation while sitting I'm his car, if my buddy didn't have a warrant and the car hadn't been searched I wouldn't have even been dragged into this mess.
|
Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
|
Re: Urgent: possession controlled substance charge [Re: Anonymous #1]
#18538064 - 07/10/13 05:26 AM (10 years, 10 months ago) |
|
|
Quote:
Anonymous said: What the fuck is wrong with using heroin in the privacy of your own car?
Nothing is "wrong" with it...but it is a crime, and the purpose of the criminal statute is to reduce the use of heroin.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
|
D.M.T
Shroomery Contaminant



Registered: 10/31/09
Posts: 10,991
Loc: In your brain
Last seen: 4 years, 5 months
|
Re: Urgent: possession controlled substance charge [Re: Enlil]
#18542358 - 07/11/13 02:06 AM (10 years, 10 months ago) |
|
|
Its purpose is more along the line as one more way to keep law enforcement afloat, and look like they're doing something for the community so they'll get more federal funds and local levies passed.
Bro that defense won't work. By logic of law the wallet belongs to you and it was found NEAR YOUR PERSON. This suggests that at this point you should have been responsible for your wallet no matter if your friend put the drugs in it or not, and this suggests that it does not matter if you are aware of the drugs as you are the owner of the wallet and the wallet was not stolen.
I'd personally plead no contest, avoid all the lawyer fees, and take the fifth degree felony and probation. Taking it to trial will just prolong it and give you similar results with thousands of dollars less. I don't think there are any charges you could plead lesser to and have it reduced. Not for heroin but that is where you may want to research further. I'm sure that might not be the best advice, but it doesn't sound like you really have any defense. You've just gotta do your best to have the judge pity you as some suburban white kid who just made a one-time mistake and is gonna go to rehab or w/e.
|
|