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Drug Charges In Car

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jjonny2011

Junior Member
What is the name of your state (only U.S. law)? Milwaukee, WI

The other night I was out drinking with some friends. A few of them smoke marijuana, a few do not. I occasionally indulge but not on this evening because I have decided to quit, as I am pursuing a career in law enforcement. I arrived at the apartment around 11 and there were a few people there who were already drunk. I began drinking to catch up and got quite intoxicated, which is quite out of the ordinary for me. We went to a bar for a few then came home around 1:30am and started playing video games. I fell asleep while watching and was woke up around 3am and decided to go home because of work in the morning. While waiting for the bus, J offered a few of us a ride home and we accepted. We got in the car, which is always filled with clutter on the floor, and started driving. I was the passenger, J was driving and A was back left. J drove about 1 block and took a right turn at a red blinking light without stopping. Both of us passengers instantly get on his case and asked him to drive better or pull over. Literally 5 seconds later we were being pulled over by Police. The officer asks where we were going and takes our licences to his patrol car. He comes back, asks the driver out of the vehicle and does a field sobriety test. J eventually failed and was arrested for DUI. A few more officers arrive and asked us to get out and if we were able to drive. We both said no way and said we would walk home. They said okay, do you need anything out of the vehicle? I said yes, I want my backpack from the passenger seat, which contained all my school work. While this conversation was happening, the original officer (sergeant) was searching the vehicle. Seconds after I ask for my backpack, he searches it and finds nothing. Then, he doesn't give it to me, just pushes it aside, and keeps searching. A bag containing some sort of marijuana and paraphernalia was found and assumed to be mine because it was near me. He threw me in cuffs and took me to jail where I sat for about 2 hours and was never talked to or questioned by anyone. The only officers I was able to speak with were ones that brought paper work and when I asked questions they said "I'm just doing what the sergeant says". Finally around 5:30am they brought in 2 tickets, one for possession for THC and one for paraphernalia. As for A, he was asked a few questions and let go. Never was he asked if it was his drug stuff, which it probably was!:confused: He tells me they asked if J smoked "oil" and if he saw the stuff out of the bag. He said NO to both questions and that was it.

Anyways... I am just wondering what I should do about this. I feel sick to my stomach and just want some sort of answers or reassurance that my career isn't ruined. My plan is to get some free consultations with some attorneys that my friends have recommended. Will they provide me any substantial answers? About how much would that cost to have them fight for me beyond a free consult? Do I have a reasonable story here? Or does it sound like another case of it wasn't mine? Any responses will be much appreciated.

Thanks!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Milwaukee, WI

The other night I was out drinking with some friends. A few of them smoke marijuana, a few do not. I occasionally indulge but not on this evening because I have decided to quit, as I am pursuing a career in law enforcement. I arrived at the apartment around 11 and there were a few people there who were already drunk. I began drinking to catch up and got quite intoxicated, which is quite out of the ordinary for me. We went to a bar for a few then came home around 1:30am and started playing video games. I fell asleep while watching and was woke up around 3am and decided to go home because of work in the morning. While waiting for the bus, J offered a few of us a ride home and we accepted. We got in the car, which is always filled with clutter on the floor, and started driving. I was the passenger, J was driving and A was back left. J drove about 1 block and took a right turn at a red blinking light without stopping. Both of us passengers instantly get on his case and asked him to drive better or pull over. Literally 5 seconds later we were being pulled over by Police. The officer asks where we were going and takes our licences to his patrol car. He comes back, asks the driver out of the vehicle and does a field sobriety test. J eventually failed and was arrested for DUI. A few more officers arrive and asked us to get out and if we were able to drive. We both said no way and said we would walk home. They said okay, do you need anything out of the vehicle? I said yes, I want my backpack from the passenger seat, which contained all my school work. While this conversation was happening, the original officer (sergeant) was searching the vehicle. Seconds after I ask for my backpack, he searches it and finds nothing. Then, he doesn't give it to me, just pushes it aside, and keeps searching. A bag containing some sort of marijuana and paraphernalia was found and assumed to be mine because it was near me. He threw me in cuffs and took me to jail where I sat for about 2 hours and was never talked to or questioned by anyone. The only officers I was able to speak with were ones that brought paper work and when I asked questions they said "I'm just doing what the sergeant says". Finally around 5:30am they brought in 2 tickets, one for possession for THC and one for paraphernalia. As for A, he was asked a few questions and let go. Never was he asked if it was his drug stuff, which it probably was!:confused: He tells me they asked if J smoked "oil" and if he saw the stuff out of the bag. He said NO to both questions and that was it.

Anyways... I am just wondering what I should do about this. I feel sick to my stomach and just want some sort of answers or reassurance that my career isn't ruined. My plan is to get some free consultations with some attorneys that my friends have recommended. Will they provide me any substantial answers? About how much would that cost to have them fight for me beyond a free consult? Do I have a reasonable story here? Or does it sound like another case of it wasn't mine? Any responses will be much appreciated.

Thanks!
Your story is about as reasonable as any story told, I suppose. But it won't (necessarily) get you out of a possession charge. You were in possession of both THC and paraphernalia if the THC and paraphernalia were found in the car with you.

It is good that you will be speaking with attorneys in your area. I suggest you hire one. An attorney can review the facts of the stop and search, and see if your charges can be dismissed on a technicality. If not and if this is your first offense, you would be eligible for a conditional release or a diversion program that, if he meet the terms of the program and do not reoffend, could get the charges dismissed and keep your criminal record clean. Having an attorney in court with you to handle the matter is the best way to accomplish this.

Here is a link to the laws: http://norml.org/laws/item/wisconsin-penalties-2

As an additional note: If you want a career in law enforcement, it would be a good idea for you to stop drinking heavily and doing drugs, and perhaps find a new set of law-abiding friends.
 

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