My friend got pulled over and got a DUI, during the DUI investigation I(passenger) was asked to leave the car and go home (I walked to a friends nearby). A couple weeks later I received a leter in the mail stating I was charged with Possesion of Drug paraphanelia and Possesion of less than a half ounce of Marijuana. The details behind this are that after i left and he was arrested they found a pipe with some marijuana in a jacket in the back seat. They asked the driver about it and he said it was the passengers(mine) and proceeded to identify me. This is in North Dakota.
My question is how can this even occur? How could they not charge him and charge me with it. I mean it's extreme but if I got pulled over with a kilo of cocaine could I just say it was someone elses and be on my way? I am at a loss and unsure what to do. They sent me a plea offer of 1 year suspended and register with RESTORE(drug treatment) but I am hesitant to accept and this seems un-American and unfair.
2006-11-24 09:28:43 · 9 answers · asked by b_dubs_3030 2 in Politics & Government ➔ Law Enforcement & Police
That is not the type of question to ask here. Get a lawyer.
2006-11-24 09:31:10 · answer #1 · answered by icynici 4 · 3⤊ 0⤋
How did they get your address? Did they ask for your address prior to asking you to leave?
Don't worry about the letter. They are not the "formal" charges. When the formal charges are given, the warrant is issued for the arrest. What you received is a usual letter that is being sent to motivate the witness to come to court and testify against the offender.
Of course you will have to come to court now. If you don't, it will be like you contested to charges. Of course DO NOT take the plea! You don't want to contest to something you didn't do. You might be required to take the drug test, that you will pass. If you don't pass, still do not contest to the charges. This will be a burden on the prosecutor to prove you guilty. In other words, i twill be THEIR job to prove you guilty, not your job. So let them work and sweat and they will get nothing, unless you break-down and contest to charges yourself. So stay cool to yourself and don't contest to anything. Again, the letter is not the real charges. Otherwise, you would have been served it (not mailed it) and get arrested.
When he will get convicted, he most likely will get the misdemeanor offense and the probation only because of the amount of drugs that has been found.
2006-11-24 10:46:12 · answer #2 · answered by OC 7 · 0⤊ 0⤋
Please do not sign ANYTHING without legal representation...This sound a little off to me...I am not from your state, but I do know quite a bit about the law...If they had found the substance with you present...(even if it had been in the glove compartment of the owners car)...then they could charge you with the same thing...and probably win in a court of law....since you were in he car...and if the police can say that no one or nothing was out of their sight from the time of the initial stop until they found the drugs...they may have a case.....just please talk to a lawyer...sometimes you can get representation Pro Bono (free), if you are indigent...or get a public defender if you have officially been charged with a crime...just be smart and take the steps necessary to secure your rights...Good Luck, and stay away from druggy friends...you won't find yourself in these situations...
2006-11-24 10:06:28 · answer #3 · answered by Lilliput1212 4 · 0⤊ 0⤋
Wow. That seems pretty bizarre. I have to agree that you need a lawyer. You also need to speak with the officer(s) there that night to find out every detail of what happened.
There is no proof that it is yours, and with you not even being there when it was found, there really isn't any way for them to convict you of this. I'm not a lawyer and have NO experience with anything close to this, but I would guess that a judge would throw this out if you opted for a trial. As soon as possible, find a lawyer. And lose the friend (if you haven't already!)
2006-11-24 09:43:25 · answer #4 · answered by amyo4190 2 · 1⤊ 0⤋
I'm sure others have given you advice on the legal situation. My advice is for your FUTURE.
I worked for seven years in a juvenile detention center. The drugs were always the other guy's (or gal's). It's amazing how friendship is thrown out the window when your neck is on the line.
Choose your friends more carefully if you want to stay out of trouble. Technically, they could have charged you at the scene since you were in the car. They usually do try to determine who it actually belongs to though.
Did you know that if you are riding in a stolen vehicle, you will be charged along with the driver?
Again..... CHOOSE YOUR FRIENDS CAREFULLY OR PAY THE CONSEQUENCES.
I hope this helps someone who reads it to take inventory of their choices in friends.
Best Wishes,
Sue
2006-11-24 11:58:07 · answer #5 · answered by newbiegranny 5 · 0⤊ 0⤋
They have to prove the jacket was yours. I don't think a judge is going to buy that the driver isn't at fault. Good Luck
2006-11-24 10:14:24 · answer #6 · answered by flutterby 4 · 0⤊ 0⤋
If your friend said it was your drugs and the jacket was yours, if you contest the charge, they will have your friend in court as a witness against you. If your friend changes his statement then they will charge him.
2006-11-24 09:39:29 · answer #7 · answered by Anonymous · 1⤊ 0⤋
both of your get charged because it was property accessible to both of you and unless one of you says it is your then you both get charged unless you can prove it is the other persons
2006-11-24 13:12:13 · answer #8 · answered by Coconuts 5 · 0⤊ 0⤋
Well, is the jacket yours? You did not deny it. If it's yours, own up to the crime.
2006-11-24 09:52:31 · answer #9 · answered by gablueliner 3 · 0⤊ 0⤋