Federal marijuana charge help please

[urbanshaman]

Alright, Im from NJ but the incident occurred on government property, so I have to appear in federal court. Im under 20 and this is my first offense for anything, my first time being arrested. I was charged with being under the influence of cds and wrongful possession of cds. But what I am failing to understand is how I got charged with possession. Me and 3 others were searched, but only one of us (my friend) had anything on us. He had a pipe and less than 1 gram of marijuana. Yet we all got possession, that doesnt make sense. Basically my main question and concerns is whether or not I will go to jail, and whether or not my if the one friend who had the stuff found on him confesses that it was his and he was the only one that used it, if the possession charged will be dropped.

Any further advice on the issue would be immensely appreciated. I dont really fear the idea of fines, probation, community service, whatever....just not jail.

 

[seniorjudge]

What statute number were you charged under?

 

[urbanshaman]

I am unfamiliar with the judiciary system and not sure what statue you mean. All it says on my ticket is "Wrongful possession of CDS" and the other "Possession, use, or being under influence of CDS" and that its mandatory for me to appear in court.

Like I said I just know that I had nothing on me, and there is no proof that I did anything. I wasn't asked questions or anything, just searched and arrested. A friend of mine had the stuff in his pocket and no one else, but we were all charged with the same things.

 

[seniorjudge]

What kind of CDs did you have?

I prefer Jumbo six-month.

 

[urbanshaman]

Alright seniorjudge lost me. I had NOTHING, I had (on my physical being, which they searched) a cellphone and some money. A person who was with me had a pipe and under a gram of marijuana.

Can anyone tell me if my friend confesses that it was just his if the others will have the charges dropped and if, this being my first offense for anything, they think I will go to jail or not?

 

[seniorjudge]

Q: Can anyone tell me if my friend confesses that it was just his if the others will have the charged dropped and if, this being my first offense for anything, they think I will go to jail or not?

A: Not till you tell us the statute number you are charged under. They're on the charging paper. They're either on the kitchen table or next to the computer under the ashtray. Check and see if you can find them.

 

[xylene]

Can anyone tell me if my friend confesses that it was just his if the others will have the charged dropped and if,

That will not automatically happen.

Your friend should say NOTHING to anybody with out a lawyer.

It is possible, not automatic, that a lawyer could help with that possession aspect.

this being my first offense for anything, they think I will go to jail or not?

First offense or otherwise, you need a lawyer.

Could you please flesh out the details of what happened?

 

[seniorjudge]

That will not automatically happen.

Your friend should say NOTHING to anybody with out a lawyer.

It is possible, not automatic, that a lawyer could help with that possession aspect.



First offense or otherwise, you need a lawyer.

Could you please flesh out the details of what happened?

Yeah, I agree and say, "Watch out for your own butt...not your friend's."

 

[urbanshaman]

Sorry I am new to all of this. I dont smoke so no ashtray, but on my paper it says violation number 1431414 and the other 1431415. I see another number which says "Offense Charged" it has CFR checked and it says "32CFR63425" then "Title 21 USC, 844". Hopefully that helps.

 

[seniorjudge]

It was on the kitchen table, wasn't it?

http://www.usdoj.gov/dea/pubs/csa/844.htm

There's the law you are charged under.

Read that and then post back with questions.

 

[urbanshaman]

Alright, thanks seniorjudge, I've read the statue in the past and understand that I could face up to a year and jail, and thats why I was worried and asked if anyone thought I would go to jail.

Anyway, what happened was a friend and others smoked in a shed next to my job on federal property. I was also in the shed. I went to leave the shed and an officer was alerted to my presence, before this he was checking out the cars to see what was going on (I didnt drive though someone was there to pick me up). After this he told us to come out and called for back up. Other cops arrived, searched us, and then arrested us. I was given my tickets and then left the police station.

Ive been having people tell me, including the chief of police's wife, that I should get a public defender. I understand that this is an idiotic situation and Im just trying to walk away from it without jail time. I've had people tell me that they believe I will be be banned from the military base for a year or two and get probation for a year. A girl I used to work with was caught with over an ounce of marijuana, scales, and baggies and she just lost her job and got barred from the military base. So I am hoping I wont go to jail, and thats why I came here.

Ive already told my friends not to say anything to anyone, but who knows how that will go. I read the blotter report from the police and it states he saw us passing around the pipe smoking, which is definitely untrue because he had no clue anyone was there until I walked out of the shed and he saw me. I realize that it doesnt matter and its his word against mine, but Im just trying to keep myself out of trouble here.