There were drugs found in my friends car and because it is considered a social drug we were both arrested. I have no idea whose drugs they are or how they got there. I need to know what to do so that this does not go on my record. Can I do like community service, or help the police to find dealers so that this does not go on my record if I am found guilty. I do not use drugs, and offered to take a drug test but the officer said that he wouldn't give us a drug test because we were not being charged with smoking it.
The Officer also did not read us our rights when he arrested us, does that make a difference?
2007-03-05 09:47:07 · 7 answers · asked by TheChicagoKid 2 in Politics & Government ➔ Law & Ethics
This is being charged as a misdemeanor...
I found that last year 94% of thses kinds of cases were thrown out last year in Chicago.
2007-03-07 10:34:04 · update #1
First if you are a minor there may be complications with the questioning by police right there. Check your states laws.
Second, The officer didn't have to read you your rights when he arrested you. However, you must be read the Miranda warning before being asked any question the answer to which could incriminate you.
Third if this just happened and IF you really don't smoke dope, get your own urinalysis immediately.
Your attorney may or may not use it, but every passing day between the arrest and test, degrades it's usefulness.
Fourth. Don't hang out with that person again.
Dope is for dopes.
Hopefully you'll beat the rap, or get drug deferment and probation at worst.
Did I mention dope is for dopes?
2007-03-12 15:47:39 · answer #1 · answered by seattleogre 3 · 0⤊ 0⤋
Well you are looking at a conviction my dear. First of all, how many times do you think law enforcement has heard " Oh they aren't mine, I didn't know they were there", give me a break. Second, they can charge you due to the fact you were in the car and had immediate access to them. You can try to plea bargain but you will still get a criminal conviction. You say you were not read Miranda? At all? I find that hard to believe, did you sign anything saying you understood your rights? Did you have a preliminary hearing yet? If you did and the case has been taken to court meaning the charges were held over, you apparently were Mirandized because it would never have gotten to court. You may get probation but you will get something. If I were you, stay out of trouble for awhile.
2007-03-11 13:12:50 · answer #2 · answered by Rhode Island Red 5 · 0⤊ 0⤋
Most of the time if it is your first offense it will be dropped if not dropped minimal probation probably non reporting probation. Even if you plead no contest there will be court fees to pay and you can apply for an expungement of your records which means only a court officer can find it. No employer would find it ever. The fact that he didnt read you your miranda rights would only make a difference if you werestill in jail then you could could file a habeas corpus which mean a juntion to get you out of jail based that you were denied your constitutional rights because you didnt know your rights as a citizen good luck!!!!
2007-03-12 13:48:08 · answer #3 · answered by d k 2 · 0⤊ 0⤋
You need a good lawyer. If you're over 18 or close to it and they want to try you as an adult this can be a VERY serious thing. You'd have to report it on every job application and it'll follow you around forever. Pay some money up front and see if you can get it reduced or dropped entirely. Overall it sounds like a weak case on the prosecutions part but you'd need a lawyer to cement the issue for you. Good luck.
2007-03-05 09:52:43 · answer #4 · answered by Dean 3 · 0⤊ 0⤋
take it to trial, they wont want to because simple drug possession is such a petty charge its a waste of time and money for the prosecution. The "justice system" is all about money at the end of the day, and if you did take it to trial you would beat it with reasonable doubt. But in reality it carries a max of 30days in jail for weed and if they gave you probation you would have to do like a year or something most likely plus fines etc..Take the jail time I promise it will be worth it, you will be out a free man. No papers to walk off. Plus it might toughin your mind alittle, form they way you were quick to say you wanna help catch drug dealers you need alittle understanding of how the "justice system" actually works and how many people are inslaved to it. A rat btw is the lowest form of human there is. Either man up and take the charge or fight it and take it to trial. If you dont wanna waste your time then plea out to a lesser charge like a summary offense or something, im sure they will do that. It wont follow you for life, its a baby charge, and you wont have to even put it on job applications if you dont want to, no one cares about weed possessions...hope this helps you understand alittle bit more about how things operate.
2016-09-23 00:39:15 · answer #5 · answered by wes 1 · 0⤊ 0⤋
Nothing. No matter what you are told once you have been arrested it is on you record. And if you if you want to tell on someone be ready for anything that could happen to you. If this is the first time this has happen get a lawyer and he can help with first offense in court. This will take it off your record in one year. As long as you don't get in any more trouble.
2007-03-13 10:15:27 · answer #6 · answered by LDJ 5 · 0⤊ 0⤋
That is why it's important to know the habits of your friends. You were guilty by association.
If you are a first time offender and under16, you may have a shot at probation, but it depends on the judge.
If you were not properly mirandized, tell that to your lawyer.
2007-03-05 09:53:38 · answer #7 · answered by ne11 5 · 1⤊ 0⤋
Check whether it can be fought under illegal search and seizure.
If you weren't mirandized, anything you told the officer can be thrown out.
2007-03-05 09:55:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋