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Has this ever happened to anyone else????

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laurafhl

Junior Member
What is the name of your state? Oklahoma

Back in February I was arrested for possession of Marijuana (enough for about 1 joint), possesion of CDS (3 xanax) and Paraphanalia (a pipe). I was the passenger in my own auto. The driver was charged with the same charges as me but we didn't each have the drugs on us...the pot and pipe were in my car to which my friend admitted that they were his and the xanax were on me. They were mine but I didn't have a prescription bottle for them. He was also charged with DUI. I Spent two days in jail and was bonded out. Went to court in March for my arraingment and the DA haden't done anything about my case so the judge re-sceduled my arraingment hearing for this month..Went yesturday for the hearing and DA still haden't done anything. The judge didnt' rescedule me and just told me to keep in touch with my bailbondsman in case the DA did something down the line..So I haven't even had the chance to plead to the charges yet.

We were pulled over because the police officer thought my car had illegal lights on it. It didn't. Then he said that my muffler was illegal. It wasn't. He asked the driver to get out of the car and do a field sobriety test. Then he asked him to submit to a breathalizer to which he said no. The officer asked me if there were drugs in the car to which I admitted the marajuina and pipe. I didn't even think about the xanax that was in my purse. They were in a bottle of a differant medication that I had a prescription for.

Neither of us got any citations for the lights or the muffler. The Bailbondsman told me that now I just need to keep in touch with him once a month or so in case the DA does something.. My friends hearing is today. The same thing happened to him last month at court. The bailbondsman told him today that the DA still hasen't done anything on his case either. But we do know that he will probably get his licence suspended because he went to get it renewed the other day and the clerk was locked out of the system..She said that usually means that a suspension has or is about to take place.

Is this normal??? Does this kind of thing happen often?? I mean where someone gets charged but the DA doesn't act on it within a couple of months??? I don't have a clue as to what is going to happen to me. Thanks for any info you might have.
 
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eme76

Guest
nope....never happened to me either
but then again i'm not a pot head drivin' around with xanax;)
 
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ericvause

Junior Member
Keep in touch / illegal search?

Keep in touch like they said. If they are not actively investigating - there is a statute of limitations. They can't say "keep in touch forever".

Also, if they pull you over for no good cause (lights, mufflers are OK) - then I don't think they can charge you for anything. If I'm not mistaken - the things they found when they searched you were found on an illegal search. If you have some money (and it would be worth it to have some) I would speak with an attorney that deals with this kind of stuff.

In orlando a few years ago, three guys were pulled over and had drugs on them. They were athletes - but got completely off the hook because the officer had no good reason to pull them over. He originally pulled them over because they didn't have their blinker on, but the case was thrown out because they were in a designated turning lane. Designated turning lane = no blinker required.

However - If he asked you if you had drugs, and you willing said "yes", then that might not constitute as a search and would be admissable. The xnx might be a different story.

Good luck.
 
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laurafhl

Junior Member
I went to court with my friend yesturday. The same thing happened to him again. Nothing from the DA so the judge didn't set a new date. She just said to keep in touch with bailbondsman. My friend did get a letter yesturday about a hearing for a restricted license. He's afraid if he accepts a restriced license that he is admitting guilt. I don't know what to tell him. We have both been clean since this incident. I guess somtimes it takes something like this to WAKE someone up!! But that doesn't change what happened. Sometimes I just wish that they would do whatever it is that they are going to do. I hate this waiting game. I thought that if you were arrested for something, spent time in jail, bonded out, that the DA would file something in a two month period. Perhaps it is the circumstances under which we were pulled over that is making the difference. I don't know. My friend admitted that the MJ was his and so was the pipe.. I admitted that the xanax were mine.. He tried to say that they were his also... what a dummy...I didn't "buy" them....they were given to me by friend to help me through a tough time...But that doesn't change the fact that I didn't have a prescription for them sooooo...... Maybe they are just sorting through what "who" is going to be charged with. Or maybe they didn't have reasonable cause to pull us over in the first place. I have never been arrested for anything since I was a minor and that was for stealing a lipstick from Walmart years ago.. I paid my fines to the court and Walmart and it was expunged from my record. In the here and now......I learned my lesson and just want to get on with it... I hate this waiting game.
 
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tranquility

Senior Member
ericvause wrote:
"In orlando a few years ago, three guys were pulled over and had drugs on them. They were athletes - but got completely off the hook because the officer had no good reason to pull them over. He originally pulled them over because they didn't have their blinker on, but the case was thrown out because they were in a designated turning lane. Designated turning lane = no blinker required."

Everything depends on where you are. In an 8th Circut decision (U.S. v. Rodriguez-Lopez [April 24, 2006]) the results come out differently. It seems the police put a big sign on the freeway informing drivers there was a drug checkpoint up ahead. There was no checkpoint, as such a thing is illegal. However, they had numerous officers waiting near the offramp just after the sign with the instructions to stop *everyone* who violated *any* law in the hope that those with drugs would exit instead of taking a chance on the checkpoint (which was not there). One of the officers had a drug dog that sniffed all the vehicles which were stopped.

Mr. Rodriguez-Lopez fell for the sign and exited the highway without signaling. The police did their thing and found pot. The defendent tried to exclued the evidence because what he did (exit without signaling) was not illegal.

You see, in Iowa, there is case law that says turn signals are required only when other vehicles would be affected. The eighth circut concluded that whether the defendant actually violated the traffic laws is irrelevant. All that matters is that the officer who conducted the stop reasonably believed the defendant violated the law. The court found the stop reasonable and the evidence not supressed.
 
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stevenjones03

Member
"constitutional rights"

yah************** so just remember that you are entiltled to a fair and speedy trial (cough)

doesnt seem to speedy to me.:cool:
 
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