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charged with simple possesion w/o actually possessing

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chaddd

Junior Member
What is the name of your state (only U.S. law)? South Carolina. I was riding with a friend who had recently bought around 2-3 grams of marijuana, when we were pulled over. he tried to ingest his bag and was caught, instantly arrested, they searched me and sat me off to the side(not handcuffed) while they searched the car. although I have smoked it before, I am not a user, and was not intending to smoke it, though we told the police we were going back to my house. eventually one of the policemen told me I could call somebody to pick me up or start walking home, when the cop searching the car put me in cuffs and told me he found half a baggie(with nothing in it) under my seat. I had no knowledge of the bag and wasn't even read my rights. I've never been charged with anything before, and the person I was with told the police that it was his bag and his drugs that I had no knowledge of, but I was put in jail overnight and given a $470 ticket without even being read my rights. seeing as my mother doesn't work, and I pay most of the bills(im 17, btw) that is much more than I can afford, and though I might be guilty by association, I still feel that I am overall innocent am being done wrong. I can't afford a lawyer to fight this for me and wouldn't know how to prove my innocence. help please?
 


cyjeff

Senior Member
What is the name of your state (only U.S. law)? South Carolina. I was riding with a friend who had recently bought around 2-3 grams of marijuana, when we were pulled over. he tried to ingest his bag and was caught, instantly arrested, they searched me and sat me off to the side(not handcuffed) while they searched the car. although I have smoked it before, I am not a user, and was not intending to smoke it, though we told the police we were going back to my house. eventually one of the policemen told me I could call somebody to pick me up or start walking home, when the cop searching the car put me in cuffs and told me he found half a baggie(with nothing in it) under my seat. I had no knowledge of the bag and wasn't even read my rights. I've never been charged with anything before, and the person I was with told the police that it was his bag and his drugs that I had no knowledge of, but I was put in jail overnight and given a $470 ticket without even being read my rights. seeing as my mother doesn't work, and I pay most of the bills(im 17, btw) that is much more than I can afford, and though I might be guilty by association, I still feel that I am overall innocent am being done wrong. I can't afford a lawyer to fight this for me and wouldn't know how to prove my innocence. help please?
Plead not guilty and ask for a public defender.
 

chaddd

Junior Member
I would, except it costs $40 to apply for one, and i don't even have that much extra, if I expect to pay the fine(or p.t.i.) and still be able to pay rent. my finances are EXTREMELY tight, and I'll have to go the the thrift store just to find a nice shirt to wear, because I can't go in the courtroom in a t-shirt, and that's all I own.
 

quincy

Senior Member
Your ticket was for $470??

Under South Carolina's Chapter 53, Title 44, Possession of Marijuana, one ounce or less, first offense, is a misdemeanor with fines between $100 and $200 and up to 30 days in jail. Possession of paraphernalia is a civil fine of $500. And in South Carolina all marijuana requires a marijuana tax stamp - the failure to affix such a stamp on your contraband can result in fines and/or criminal sanctions.

Most who are facing their first marijuana possession charge can opt for probation instead of a trial and, upon successful completion of all terms of probation, the charges will be dismissed and there will be no criminal record. You would still be responsible for paying the fines and costs of any court-ordered classes, however.

You could check out free or low cost legal aid clinics in your area, to see if there is an attorney who can assist you in court, or contact the South Carolina Bar Association for direction. If there is a law school in your area, that may be an avenue you can explore, as well. You can also ask the court if there is a program where fines can be replaced with community service hours. See if you can borrow a nice shirt and tie from a friend.

Although an attorney MAY be able to get any charges against you dropped (I wouldn't count on it), possession of marijuana means you were in the same place at the same time as the marijuana - you don't have to be smoking it and you don't have to own it, in other words, to be charged with possession.

Good luck.
 

chaddd

Junior Member
Your ticket was for $470??

Under South Carolina's Chapter 53, Title 44, Possession of Marijuana, one ounce or less, first offense, is a misdemeanor with fines between $100 and $200 and up to 30 days in jail. Possession of paraphernalia is a civil fine of $500. And in South Carolina all marijuana requires a marijuana tax stamp - the failure to affix such a stamp on your contraband can result in fines and/or criminal sanctions.
yes, $470. I looked it up and found the same thing, but my friend was charged with possession of marijuana and paraphernalia for about 500 on each ticket. but I don't think bringing that up will do much for me, except irritate the judge

Most who are facing their first marijuana possession charge can opt for probation instead of a trial and, upon successful completion of all terms of probation, the charges will be dismissed and there will be no criminal record. You would still be responsible for paying the fines and costs of any court-ordered classes, however.
the arresting officer did say he would recommend pti (I would have to pay a couple hundred dollars to be drug tested and attend weekly drug awareness classes)
but that would be admitting guilt, which I was not. unless i have no other choice, I will not be punished for a crime I did not commit.

You could check out free or low cost legal aid clinics in your area, to see if there is an attorney who can assist you in court, or contact the South Carolina Bar Association for direction. If there is a law school in your area, that may be an avenue you can explore, as well.
this does sound like a good idea, but my court date is on Oct. 15th, which probably wouldn't be enough time for a lawyer to prepare anyways.

you don't have to be smoking it and you don't have to own it, in other words, to be charged with possession.
says alot for the justice system, eh? not even concerned if you really committed the crime or not. feels like this will be more of a mock trial than any real justice being reached.

none the less, I appreciate your advice. I'm considering going for a trial by jury and having my friend reassert that it was all his.
any more advice would be much appreciated, but i get the feeling I can only rely on the sympathy of whoever judges me.
 
Since you admit that your friend tried to ingest the baggie before the officer saw it, you are admitting that you knew of the presence of marijuana in the car. Unfortunately that's all they need for possession charges. As stated in countless threads in this forum, you are being charged with possession, not ownership. It stinks, but it's the law. Quincy's advice on how to seek a low-cost attorney on this matter are the best advice you can get. Drug charges could potentially carry some long-lasting consequences. Good luck to you!
 

oops!

Junior Member
Wow man that's a bummer. What part of South Carolina was that in? I've been caught twice in myrtle beach for simple possession. All the cops did was stomp/grind the pot into the ground and let me go (no ticket). You can try claiming unknowing possession in which you only realized there was pot in the car when your friend pulled it out to eat it. As for the empty baggie, there was no reason for you to look under your friends seat so you didn't know it was there. Good luck
 

quincy

Senior Member
Judges are not real fond of excuses or lies, so if you were aware of the marijuana, whether it was yours or not, it is best to be honest and contrite.

Diversion programs are not available should you plead not guilty and take your case to trial and lose. If found guilty of possession, you may not have the leniency shown that you could when pleading guilty and opting for probation.

But it is ultimately your choice.

I do think it would be wise to consult with an attorney before making any decision, however, so that you are thoroughly aware of all of the pros and cons that can come with a not guilty plea. I believe you would have difficulty showing you were not aware of the drugs in the car, especially since your friend "recently" purchased it, tried to ingest the entire baggie-full in your presence and, from your post, does not seem to be the most reliable witness to use on your behalf should you take this matter to trial.

I think, in other words, that following oops! advice may not be the wisest course of action.
 

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