I was at a party last night in Alabama and the cops came in the room I was in and I was sitting on the bed with other people who had marijuana in their possession and a pipe. I didn't have anything in my hands or in my possession. But the cops asked who it was and no one answered. Since I was sitting on the same bed as the others, I was arrested. They said something like "guilty by association". I was charged with possession of mari. in 2nd degree.. the other that had marijuana on them got the SAME charge?! That's so unfair. Plus the cops never read any of us our rights. What can I do to get this thrown out?
2007-12-09 12:49:11 · 10 answers · asked by farrenbrooke1 2 in Politics & Government ➔ Law Enforcement & Police
Hire an attorney to meet with the Deputy DA on the case and explain your circumstances. The DDA must provide the attorney with all evidence it has in its possession which will point to your innocence (exculpatory evidence), such as witness statements.
Good luck!
2007-12-09 12:55:34 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
it doesnt matter. This miranda right not being read to you is a myth. Things do not get thrown out because of that. you should take a clue about "these friends" others sitting on the bed, they let you take a drug charge because they are spineless. I am an addict (5 years clean) It took me getting thrown in jail for controlled substances 4th deg. My ex put it in my residence. then called the cops on me. Lo and behold the cops didnt find my stash that I did have, but of course they knew where to look for what they found. anyways I did 18 months in prison for this.Take responsibility for what happened and please learn something from it. Dont get in situations where you could go to prison for someone elses %#$!!!
good luck take care.
2007-12-09 21:13:33 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It is a gerneral principle in our legal system that as an upstanding citizen you are obligated to REPORT any crime you see. By hanging around and watching it happen you are taking part in the illegal activity.
There is also a legal principle called constructive possession. Even though you did not have it in your hands it was close and available and no one else fessed up to owining it.
The police do not need to read you your rights. But your statements are inadmissible in court if you were in custody and being questioned without being read your miranda warnings.
2007-12-09 21:48:05 · answer #3 · answered by Bob 3 · 0⤊ 1⤋
Some of the laws here are just not right but from what you said.. no one admitted to it , you are guilty by association. It's sad that NOT ONE of those so called friends of yours had the nuts to admit who's it was.. If they were truly a friend they would have not allowed you to be accused and would have taken the blame.. Like I said they were nutless and certainly not your friends.
2007-12-09 21:03:57 · answer #4 · answered by Ditka 7 · 0⤊ 0⤋
man that sucks but i dont think you can get it thrown out you were there and guitly by assosiciation is a legit charge the same thng happened to a friend of mine they knew he smoked and raided a party we were at and arrested him cos he had a charge before even though the mj wasnt his.
just put it behind you. sorry this didnt really help but aanyway
peace
2007-12-09 20:58:59 · answer #5 · answered by Blitzkrieg 4 · 1⤊ 0⤋
CODE OF ALABMA:
13A-12-214: UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE. CLASS A MISD. (FOR PERSONAL USE)
13A-12-213: UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE. CLASS C FELONY (WHEN NOT FOR PERSONAL USE)
WHEN ASKED WHO AND ALL KEPT QUIET ALL COULD HAVE BEEN ARRESTED FOR CONSPIRACY TO COMMITT A CRIME AND BOOKED FOR SOLICITATION / SALES OF MARJ.--THEY DID YOU A FAVOR BY NOT ARRESTING ALL OF YA.
DO NOT HAVE TO BE READ RIGHTS UNLESS IT IS A CUSODIAL ARREST, FOR OFFENSE AND BOOKED. OBVIOUSLY YOU WERE GIVEN A TICKET NOT ARRESTED LIKE A TRAFFIC CITATION??
2007-12-09 21:20:32 · answer #6 · answered by ahsoasho2u2 7 · 0⤊ 0⤋
Guilty by association is not a legal term. They're probably tagging everyone in hopes someone will talk.
2007-12-09 20:58:54 · answer #7 · answered by beez 7 · 0⤊ 1⤋
You were in a private place where people had illegal substances. It's called guilt by association.
Get a lawyer.
2007-12-09 20:58:54 · answer #8 · answered by Dan H 7 · 2⤊ 0⤋
well i dont know if it was fair or not.but..when they asked whos it was...no one answered.so thats probably why.they mightve figured since u were there they thot u were smokin it too...otherwise...GET A LAWYER
2007-12-09 20:55:24 · answer #9 · answered by koodlez 2 · 0⤊ 0⤋
pick better friends ? ?
2007-12-09 21:20:09 · answer #10 · answered by Anonymous · 1⤊ 0⤋