How's this for a conviction?

Question

Alright, I got arrested three months ago. Here's what happened...
I was in a neighborhood parking lot at midnight (bad idea, I admit), and was waiting for someone to come by to give them a ride. A cop car comes up, and the officer steps out. Immediatly, the questions begin: what are you doing here, who are you waiting for, etc. Then he asks if I'm high, because my eyes are dilated (it was midnight and dark, of course they would be). So, he cuffs me, searches me, finds nothing. Then he asks if he can search my car, and I consent (bad idea). I'm sure he won't find anything because it had been months since I quit smoking pot. Guess what he finds; a single stem, not even more than 5 cm long, not even worth smoking. He arrests me on the spot and I go to jail. I get a $555 fine, 12 months probation, and have to get a psychological evaluation. The police report reads POSS. OF LESS THAN 1 OZ. MARIJUANA. This was in GA, do you think it was a little over the top? Too broad a charge?

I even brought in a urinalysis (taken the day after my arrest) for reference of character, and they didn't even consider it.

Answer 1

Obviously I was not there to see any of the events you described. You were in a very suspicious situation, if you try and see things from the officers point of view. He followed proper police procedure in all of his actions. He had every right and should have asked you to get out of your vehicle, and you gave him permission to search, so probable cause is taken care of. Any one of the psuedo wannabe lawyers who post here who say differently don't know what they are talking about. I've said it before, be careful about what you believe from posts on this site. I have seen some incredibly bad advice served up here, and it could get you in big trouble if you follow it.
The charge is correct, but the fine is pretty high. It's lower than that where I live for simple possession < 1 oz. You obviously had , by your own words, possessed an illegal substance, and the cop was aggressive about doing his job, and you got caught with the evidence that you had possessed, albeit months previous, marijuana. In fact, you still had a little of it there in the car, obviously pointing the officer to the logical (and legal) conclusion of additional possession. It sucks that you got busted after the fact, as you say you have stopped using, and the fine is pretty high, but the charge is correct. The officer just did not give you a break.
Be aware of what you are doing and how it looks to us. We cannot read your mind and tell what your intentions are, and we get lied to ALL of the time by people trying to cover their ***. All we can rely on is the facts and evidence we find at the time we are trying to sort out if you are really just waiting on someone, or up to no good. When the marijuana possession laws change, we'll leave everyone alone about having it, and I personally will breathe a huge sigh of relief. I spend way too much time dealing with arrests and trials etc...over those charges. Until then, it's illegal; and if you get caught with evidence of possession, you'll get busted. Get the laws changed, and these problems go away. We don't right them, but we are sworn to uphold them. That's what he did. Like someone else said previous to my comments, your problem is with the statute, not the officer.

Answer 2

I'm sorry this happened to you.Cops have nothing better to do but to earn brownie points and laugh about this in their locker rooms. Would it be possible to get a legal consult to see what your options are? They have freelegal clinics in most cities. I'd suggest this. When I think about the cost of all of this is ticks me off because it's just another way for gov't to help circulate money..jail upkeep,555 fine,pysch test money,and reporting back to court in 12 months,money. keep your cool and learn your rights.

Answer 3

This is total crap. I mean it's legal but it's not morally right. This is definitley worth getting a lawyer because if he can't get it dropped he may be able to reduce your punishment and save you $ in the longrun.
As far as the moral implications: I don't believe drugs should be illegal in the first place. Abortion is legal because it's my body my choice but they can put me in jail for doing something to myself? Makes no sense. That cop was really friggin bored and looking for something to do. It's a waste of taxpayer money and if he doesn't have any real crime to fight they should reduce the # of officers they have on their force at that time. If this was in a city, I'm sure someone was getting away with a real crime while he was wasting time with you and that makes me sick. What if somebody got murdered or raped and he could have stopped it but instead he was shaking you down for nothing? I'm sorry you had to go thru this, there is no logical reason for it.

Answer 4

Wow, you are one unlucky dude: you happen to be in the wrong city in the wrong parking lot waiting for the wrong friend at the wrong time, then you get the wrong cop who asks the wrong questions to which you give the wrong answers and then the cop finds the wrong evidence in the wrong place cause your in the wrong car and you get busted on the wrong charge. Sounds to me like you got framed.

Answer 5

You consented to the search and were charged appropriately. The UA makes absolutely no difference. Using drugs has no bearing on whether you can and should be charged for possessing them.

Answer 6

I think that was over board.Of cross there is going to be a but,the cops should of picked on someone else.

Answer 7

I don't think he had any probable cause to make you get out of the car! And anything that happened after that should have been thrown out!

Answer 8

That's crazy! It's ridiculous that you had a stem and got possesion for it. I wish I wrote the laws.

Answer 9

If you want to, I'd fight it. If your whiz quiz is clean you can claim not to have known about the stem ... a friend my have left it or something.

A good lawyer can get this dropped if necessary.

Answer 10

you got what you deserved plain and simple. drugs are illegal period. regardless of whether or not it was a little pot or a kilo of coke. here's my advice: pay the fine, do the psych eval, and stay out of trouble. use this experience as a reason to turn your life around.