Posession of a Controlled Substance

[banji]

What is the name of your state? California
I was arrested for posession of a controlled substance which did not belong to me. After, coming out of a friend's house, he was harassed by the sheriffs in which he was chased down and roughed up by the sheriffs, in which they found a weapon and narcotics on him. After detaining my friend, they handcuffed and questioned me regarding the incident which I believe is misconduct due to them not having a probable cause. They had serached and ripped apart my vehicle which was next door at a business while I was being taken to the station to make my statement. I was never told that I was being arrested or asked if they could search my vehicle. I was in a holding cell for 11 hours before they would tell me that they were going to charge me with sales posession of a controlled substance. Before making bail, my charge was dropped to posession of a controlled substance. This is the first time that I have ever been arrested. I was wondering, what are the chances of me getting off with just a fine? What do I plead? What is the worst case scenario? PLEASE HELP!!
Thanks in advance

 

[AlanShore]

All great questions to be asking your lawyer.
Hire a lawyer. You need one.

 

[AlanShore]

Ohhh and stop haning around with weapon carrying drug dealers.

 

[CdwJava]

I was arrested for posession of a controlled substance which did not belong to me.

The charge is for POSSESSION, it is NOT for ownership. They only have to show that you had dominion and control over the substance in question, not that you purchased or used it.

After, coming out of a friend's house, he was harassed by the sheriffs in which he was chased down and roughed up by the sheriffs, in which they found a weapon and narcotics on him.

Gee ... I wonder WHY they were after him?

After detaining my friend, they handcuffed and questioned me regarding the incident which I believe is misconduct due to them not having a probable cause.

They do not need probable cause to detain you - they need only reasonable suspicion to believe you might be involved in the activity. If you were with him or tried to help him, they had sufficient cause to detain you until they figured out what was going on. Heck, he just ran from them and apparently resisted or fought with them! You think the deputies are going to trust any of his friends?

They had serached and ripped apart my vehicle which was next door at a business while I was being taken to the station to make my statement. I was never told that I was being arrested or asked if they could search my vehicle.

If you were arrested, and your vehicle was to be impounded, they can legally conduct an inventory of the contents of the vehicle (i.e. they can search it). If they did NOT impound the vehicle, the area of any search would be limited unless you are on probation or parole, your friend had been in or driving the car and was on probation or parole, or there was an exigency present.

They have to show a nexus to the vehicle and the crime in order to justify most any search.

The worst case scenario is prison. The likely scenario for a first offense for possession is Prop 36 ... in other words, probation, counseling, and some fines.

- Carl