Passenger in car where drugs found.

[gmiles79]

What is the name of your state? Maryland

Me and a friend were pulled over for a broken tail light (there was nothing wrong with the light). It was my friends car and he was driving and I was in the passenger seat. My friend opened the glovebox to get his registration and the officers noticed a spoon sitting on top of some papers in the glove box and claimed it had a white residue on it which gave them reason to search the car (the spoon was sitting next to a knife and fork and none of them, including the spoon, had white residue on them. In the glove box they ended up finding (2) syringes in a diabetic test kit and a gelcap containing a small amount of heroin. We were both arrested and charged for the drugs and paraphernalia. Nothing belonged to me and I was just a passenger. What do I need to do to get out of this mess. Thanks to everybody.What is the name of your state?

1- Did the driver admit to being the one who owned the drugs and that he was the one who placed them in the
glove box without you having any knowledge that they were there?

No but the driver will admit to this in court.

2- Was the driver your boyfriend?

No. We are both male and friends.

3- Have you been arrested for drugs and/or drug paraphernalia before?
How about the driver?

In 2002 I plead guilty to robbery but have not been charged with drug offenses. I served 1 year in jail and was giving 2 years of probation. I completed probation in 2004 and have been in no trouble since. The robbery is the only thing on my record. My friend has been arrested for drugs in the past.

5- Are either of you on probation or parole?

I am not I probation. The driver (my friend) is currently on probation.

6- Were either of you cited for being under the influence or did they take a blood or urine sample from either of you?
We were not cited for being under the influence and a blood or urine sample was not taken.

[outonbail]

Did the driver admit to being the one who owned the drugs and that he was the one who placed them in the glove box without you having any knowledge that they were there?

Was the driver your boyfriend?

Have you been arrested for drugs and/or drug paraphernalia before?
How about the driver?

Are either of you on probation or parole?

Were either of you cited for being under the influence or did they take a blood or urine sample from either of you?

[seniorjudge]

Originally Posted by outonbail

Did the driver admit to being the one who owned the drugs and that he was the one who placed them in the glove box without you having any knowledge that they were there?

Was the driver your boyfriend?

Have you been arrested for drugs and/or drug paraphernalia before?
How about the driver?

Are either of you on probation or parole?

Were either of you cited for being under the influence or did they take a blood or urine sample from either of you?

Yes, please answer those questions.

By the way, you were charged with possession and not ownership.

The case against you appears a mite shaky BUT you were able to reach it easily so some courts have called that "possession."

Give us the info.

[gmiles79]

1- Did the driver admit to being the one who owned the drugs and that he was the one who placed them in the
glove box without you having any knowledge that they were there?

No but the driver will admit to this in court.

2- Was the driver your boyfriend?

No. We are both male and friends.

3- Have you been arrested for drugs and/or drug paraphernalia before?
How about the driver?

In 2002 I plead guilty to robbery but have not been charged with drug offenses. I served 1 year in jail and was giving 2 years of probation. I completed probation in 2004 and have been in no trouble since. The robbery is the only thing on my record. My friend has been arrested for drugs in the past.

5- Are either of you on probation or parole?

I am not I probation. The driver (my friend) is currently on probation.

6- Were either of you cited for being under the influence or did they take a blood or urine sample from either of you?
We were not cited for being under the influence and a blood or urine sample was not taken.

I am also clean (drug free) and can take a drug test if requested.

[outonbail]

Well from what you've posted it appears that you are in a much better position than your friend.

If your friend didn't claim the drugs when you were being arrested then I wouldn't count on him admitting to anything in court. You should consult with an attorney in your area asap and see what can be done about getting a statement from your friend, before he hires his own attorney.

Your problem is that you were within a closer proximity to the drugs than the driver was and as seniorjudge posted, your charged with possession, not ownership.
Now I'm assuming the vehicle belonged to your friend, who was the driver correct?

Not that it would make much difference, but who opened the glove box and exposed the spoon, you or your friend?
Whether or not it had residue or soot all over it, a spoon in the glove box coupled with the driver's prior drug conviction, would probably provide reasonable suspicion and justify the search.
Are you or is your friend a diabetic?

It is really up to the DA if he/she wants to believe your friend and not to prosecute you, if and when your friend decides to take responsibility for everything. I would have to believe that in a situation like this the DA would be more inclined to do so, since your friend has much more to lose punishment wise, than you do if you were to accept responsibility for them. I believe that in some cases, this is why everyone is arrested, as it can make for an easier conviction against the prime suspect when friends start testifying for or against each other.

Bottom line is if you didn't have any knowledge of the drugs being there (which I personally find hard to believe) then don't accept a deal. Take it to the box, especially if your friend is willing to testify that you had no knowledge of the drugs being in the vehicle. (since it will make for a sure conviction on his part)

If you were aware of them, then whatever happens, you have no one else to blame but yourself for traveling in a vehicle you knew was hauling drugs.


and finally, you need to choose your friends more wisely. You should learn from this experience, just how easily you can be sucked into the legal problems of the people you associate with.

[gmiles79]

I really appreciate everybody's advice. This site is great and I'll definitely recommend it to anybody in need of legal help.

Because I have no money I'm using a public defender. She seems very nice but her english is difficult to understand sometimes. Here's some new info:

I just talked to my public defender who said that my friend (the driver and owner of vehicle) is admitting that the drugs were his. She said she is going to try and have my case dismissed.

Whatever happens,
thanks

[seniorjudge]

Originally Posted by gmiles79

...

I just talked to my public defender who said that my friend (the driver and owner of vehicle) is admitting that the drugs were his. She said she is going to try and have my case dismissed.

...

And change friends.

[gmiles79]

Originally Posted by outonbail

Well from what you've posted it appears that you are in a much better position than your friend.

If your friend didn't claim the drugs when you were being arrested then I wouldn't count on him admitting to anything in court. You should consult with an attorney in your area asap and see what can be done about getting a statement from your friend, before he hires his own attorney.

Your problem is that you were within a closer proximity to the drugs than the driver was and as seniorjudge posted, your charged with possession, not ownership.
Now I'm assuming the vehicle belonged to your friend, who was the driver correct?

Not that it would make much difference, but who opened the glove box and exposed the spoon, you or your friend?
Whether or not it had residue or soot all over it, a spoon in the glove box coupled with the driver's prior drug conviction, would probably provide reasonable suspicion and justify the search.
Are you or is your friend a diabetic?

It is really up to the DA if he/she wants to believe your friend and not to prosecute you, if and when your friend decides to take responsibility for everything. I would have to believe that in a situation like this the DA would be more inclined to do so, since your friend has much more to lose punishment wise, than you do if you were to accept responsibility for them. I believe that in some cases, this is why everyone is arrested, as it can make for an easier conviction against the prime suspect when friends start testifying for or against each other.

Bottom line is if you didn't have any knowledge of the drugs being there (which I personally find hard to believe) then don't accept a deal. Take it to the box, especially if your friend is willing to testify that you had no knowledge of the drugs being in the vehicle. (since it will make for a sure conviction on his part)

We have the same public defender and she (the public defender) said that my friend told her that the stuff was his. But anyway there's no doubt in my mind, he will admit ownership.

To the second question. My friend, the driver and owner, opened the glove box.

Diabetic question: I'm not diabetic and am pretty sure he's not either.

Did I know the drugs were there?

Use your best judgment.

Thanks to everybody.

[Zigner]

Originally Posted by gmiles79

Did I know the drugs were there?

Use your best judgment.

I'm sure most reading this HAVE already

[outonbail]

I'm surprised that the two of you have the same public defender. In my neck of the woods, they usually assign the public defender to one suspect and a court appointed attorney to the other suspect.

This eliminates any conflict of interest when the finger pointing starts.

[gmiles79]

Would just like to fill everybody in on the outcome of court last year.

He had a private attorney that he has used before. I ended up with a private attorney that was supplied to me through the public defenders office, not a actual public defender. And to clear something up, I honestly did not know there were any drugs in the glove box, but I was an active heroin addict at that time. That pill WAS his. I was charged because the police apparently thought the drugs could have been mine or I knew it was there. It was not mine and I didn't know it was there, so as the law goes, I know I was innocent and had to prove it somehow.

He said he doesn't remember how the drugs ended up there and refused to say the drugs were his. He also did not point the finger at me. My attorney wanted me to testify that the drugs were his but I wanted this thing over so we both accepted a plea deal, Stet Dock.

Sometimes I wish I didn't accept the deal because I was innocent but to be honest, I really wasn't that innocent because I was ,like I said before, in active addiction.

Once again thanks for the advice and I'm glad I remembered to let everybody know the outcome. Today I'm drug free, making an honest living, and know that drugs will only kill me or, if I'm lucky, they'll just put me in jail.