poss of drug paraphernalia

[billdozer90]

I live in Illinois and I was visiting my friend at the college that he attends. Me and a buddy went down for a night. We were there a total of 11 hours. We went out to the bars that night and came back rather late. After being asleep I was woken up by a firefighter because the apartment that he lived in was on fire. After the fire fighters put everything out they started looking for the cause of the fire. They pulled the stove out and found some type of drug paraphernalia. This was in a common area of the place, not in a room, personal belongs, or on a person. I was sleeping on the couch in the living room. No one claimed what ever it was that they found, so the police wrote everyone in the apartment a ticket. I have no history with drugs. I have never tried them nor do I care to. However because I was there, I am guilty by association? 4 of the 6 people charged paid the $100 fine, but me and my friend plead not guilty. I even ofered to take a drug test and polygraph test the night this happened that this stuff wasn't mine. I have also filed a motion of discovery, to obtain the police report. When I went to court today I plead not guilty and have a bench trial set for 1-14-2009. What am I missing or what should I do to ensure that these charged get dropped and dismissed.

Thanks!

 

[The Occultist]

I even ofered to take a drug test and polygraph test the night this happened that this stuff wasn't mine.

What you need to realize is that it doesn't matter whether or not it was yours; possession has absolutely nothing to do with ownership.

 

[billdozer90]

Correct! Possession has nothing to do with ownership. But because it was found in a common area and not on me or in any of my belongings or even near me for that matter doesn't mean that I have or had possession of it does it?

 

[cyjeff]

Correct! Possession has nothing to do with ownership. But because it was found in a common area and not on me or in any of my belongings or even near me for that matter doesn't mean that I have or had possession of it does it?

It means you ALL have possession unless someone steps up.

 

[billdozer90]

the law definition of possession is actual holding or occupancy, either with or without right of ownership. I was not possessing it. Also there were 6 tickets issued. The 4 people that live in the city where this happened plead guilty. Me and my buddy, both of us were over night guests. We are pleading not guilty. Because the other 4 plead guilty and paid their fines does that help our case?

 

[The Occultist]

the law definition of possession is actual holding

Afraid not.

 

[billdozer90]

Well I'm sorry that you don't agree with an attorney that told me that last night. I appreciate everyones comments, however the question that I have is not getting answered. I was passed out when this was found. 4 people that live there plead guilty but the 2 that don't live there are pleading not guilty. I have no drug history. WHAT DO I DO TO GET OUT OF THIS?

 

[cyjeff]

You talk to an attorney.

 

[xylene]

It means you ALL have possession unless someone steps up.

ACTUALLY - WRONG.

No, somebody 'admitting' it is there drug para. will not result in any automatic dismissal.

It would only mean an open and shut case against the person who admitted it.

 

[InsaneJane]

the law definition of possession is actual holding or occupancy, either with or without right of ownership. I was not possessing it. Also there were 6 tickets issued. The 4 people that live in the city where this happened plead guilty. Me and my buddy, both of us were over night guests. We are pleading not guilty. Because the other 4 plead guilty and paid their fines does that help our case?

Yes it can make a big difference. The changes in that law were designed to trap those that are guilty.
Did any of them plea guilt? or did they plea No Contest?
My guess is that the house is a rental and tenants change as fast as the schools class years change.

Q: Did the police find out about the drug paraphernalia when the stove was first moved or were they brought in after the firemen pulled the stove? And was it in the hidden area when the police saw it? or had it already been pulled out and placed elsewhere?
Was it the cause of the fire? and could it have been there for a long time without causing a fire?

What did the police investigate as to how long the drug paraphernalia had been there? Was it obvious to anyone entering the area? or could it have been there for years?
If you can get the officer to state that all of the occupants where charged because of the statue; then I recommend asking if any of the fire men were charged.
They will probably argue that it was there before the fire.
If they do then this introduces a time line into the interp of the statue. That should allow you to question the time line as to how long the drug paraphernalia was hidden from site and whether there is any evidence that you would have had any more expectation to have observed it's pressents than the fire men before it was found?

I don't believe that you really should be convicted of this. I think that it isn't any more reasonable for you to face these charges, then anyone else entering the apartment with out exray equipment.

good luck

 

[cyjeff]

ACTUALLY - WRONG.

No, somebody 'admitting' it is there drug para. will not result in any automatic dismissal.

It would only mean an open and shut case against the person who admitted it.

Correct, but there is almost no possibility of our OP friend getting out of this without SOMEONE saying "It's mine"

 

[billdozer90]

Yes it can make a big difference. The changes in that law were designed to trap those that are guilty.
Did any of them plea guilt? or did they plea No Contest?
My guess is that the house is a rental and tenants change as fast as the schools class years change.

Q: Did the police find out about the drug paraphernalia when the stove was first moved or were they brought in after the firemen pulled the stove? And was it in the hidden area when the police saw it? or had it already been pulled out and placed elsewhere?
Was it the cause of the fire? and could it have been there for a long time without causing a fire?

What did the police investigate as to how long the drug paraphernalia had been there? Was it obvious to anyone entering the area? or could it have been there for years?
If you can get the officer to state that all of the occupants where charged because of the statue; then I recommend asking if any of the fire men were charged.
They will probably argue that it was there before the fire.
If they do then this introduces a time line into the interp of the statue. That should allow you to question the time line as to how long the drug paraphernalia was hidden from site and whether there is any evidence that you would have had any more expectation to have observed it's pressents than the fire men before it was found?

I don't believe that you really should be convicted of this. I think that it isn't any more reasonable for you to face these charges, then anyone else entering the apartment with out exray equipment.

good luck

Thank you!! this is the kind of answer that I was looking for. This really makes me think and what not. Not saying that some of these thoughts haven't crossed my mind but it also brings up some interesting things that I haven't thought of. To answer your questions and hopefully you can get back to me on what you think. 3 of the 6 people just paid the tickets. 1 was at court with me and a buddy yesterday and he plead guilty to the judge. Both myself and my buddy plead not guilty. People do move into and out of the apartment as often as you could imagine, sometimes as quickly as 1 semester. To the best of my knowledge and I will know for sure when I receive the police report the fireman found the drug paraphernalia and then either took it to the police or called them up there. I honestly believe he took it out the the police officer, but again thats not a 100% thing. Its speculation at this point but again when I get the report I'll know more. I don't believe it was in a hidden area just behind there as if it may have fallen behind there at one point and due to people never cleaning behind there it was never found until this incident. This was not the cause of the fire and it could have been in there for quite some time. The fire started in the bathroom actually. As for investigation the police basically said who's is it and no one owned up and so they said everyone that was in the apartment will get a ticket. It was not obvious and no one would have noticed it until pulling the stove. I don't see how anyone could in their right mind convict someone of this that has a good record and no drug history. Especially when 4 other people have paid their stuff or plead guilty. I might add these 4 people all live in the same town that this happened. Me and my buddy live 3 hours away. We took the time to go fight it and paid the gas and so on and when someone that lives there less than a mile form the court house just says yeah I'll pay it and get it done with, I think that also kind of helps my case.

 

[xylene]

Correct, but there is almost no possibility of our OP friend getting out of this without SOMEONE saying "It's mine"

No. Someone saying "its mine" will have very little impact on the OP's case.

The reason the OP can be for possession without ownership is exactly why someone admitting ownership DOES NOT mean he was not in possession.

Admitting ownership would only be stupid for the person who owned it as it would be an admission of possession.

If the owner was some chum to the OP, it would do virtually nothing to take himself down.

 

[InsaneJane]

What kind of drug paraphernalia was it? How big is it? What else was found behind there? What town and State did this happen in? And what are the exact charges?

You are going to want to know what tests were preformed to find the idenity of who came in contact with it? How long since it had been in use? And what tests and the results for what drugs it was used for? Chain of custody?

There is a lot of info that you are intitled too in discovery from the DA prior to trial if you request it. I would recommend talking to a lawyer or parralegal to find out how much and what to ask for. I'm not sure if you can request a jury trial...

You also might want to consider the reasonability of someone using that area as a place to stash paraphernalia. If you would have to remove the stove everytime to reach it, then it doesn't sound reasonable. If it was just slid underneath one side that is fairly accessible, then it might be reasonable. You also may want to have pictures handy.

Since possesion of any drugs is not being charged, it's sounds highly unlikely that you would have had any prior knowledge, and I think this is BS. However, I wasn't there.

 

[billdozer90]

Thank you for all your help! I greatly appreciate it. I will check into those things! I will let you know what I find out and what other questions that I have.

Thanks again!