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possesion charges

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falsly charged

Guest
I live in Arkansas, me and some friends were out in the woods smoking a joint, when we came out a cop stopped us. One guy had 2 roaches, another had a one hitter, and one had rolling papers and lighter. I had nothing. The cop charged all of us with possesion of a controlled substance, even though I had nothing. I am on probation for four months, which is the same punishment as the guy with the roaches, is this legal? ( I am a juvenile)
 


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FKNA

Guest
Consider it a wake up call. Believe it or not, the cop/judge was doing you a favor. Like it or not, smoking dope is a crime. And if you're going to break any type of law, be it something as serious as murder or something as simple as speeding, doing some drugs, you have to be prepared to suffer the consequences.

But to answer your question, you should of been able to beat that posession charge.
 

HomeGuru

Senior Member
falsly charged said:
I live in Arkansas, me and some friends were out in the woods smoking a joint, when we came out a cop stopped us. One guy had 2 roaches, another had a one hitter, and one had rolling papers and lighter. I had nothing. The cop charged all of us with possesion of a controlled substance, even though I had nothing. I am on probation for four months, which is the same punishment as the guy with the roaches, is this legal? ( I am a juvenile)
Hey man, I find your story hard to believe man. Like the cop just happened to be waiting by a forest and you stone heads popped out man.
Did you stop and think that the cop followed you guys because you looked like you were up to no good? Or maybe man, you guys already looked stoned man. Or maybe the word got around the police department to keep an eye on you stoned kids man.
You were guilty of the charge but you kids smoked up most of the evidence.
When you are sober, revisit this website and try to understand the reality and facts of the issues. The substance that you were smoking is illegal and you had possession when you smoked it, therefore you have committeed a crime in the eyes of the law. Your parents could have hired an attorney for you to plead not guilty to possession, then plea bargain to under the influence instead. You may have gotten a worse sentence. You see prosecuting attorney's and judges want to throw the book at potheads like you and your friends to teach you a lesson.
You may say that it is discrimination since you got charged the same as your friends when you did not have anything on you. You ask "is this legal". Before asking if the charge, judicial process and system is legal, ask yourself if what you did was legal first. You have a lot of growing up to do. There is no hope in dope.
 
L

Lieutenant

Guest
I have found that almost everyone claims we arrested them for no reason, or we just happened to show up while they were being stupid.

First of all kid, you knew a law was broken.
 
F

FKNA

Guest
Lieutenant....serious question for you. Couple actually. Do cops ever lie in their police reports. Do cops turn a blind eye if a fellow cop does something out of line?
 
F

falsly charged

Guest
The cop who did my police report said I was the one who had the rolling papers and lighter, in which case I wasn't. The law states that one may not be accused with possesion unless it is proven that they 1) had control over the controlled substance. 2) Had knowledge of the controlled substance. 3) It was a suffecient amount to be claimed as a controlled substance.
The police officer never read me my rights,lied about me on the report, and charged me possesion when I had nothing, that's not right.The probation officer threatend me with a longer term if I didn't sign the diversion. She stated that if I plead not guilty, I would be charged with disrderly conduct, this is illegal and false because they can't bring up other charges after I was already charged and tried.
 
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FKNA

Guest
falsely charged.....you're getting a quick lesson on our judicial system. Was what the cop did wrong? YES! Do you have any rights? YES! Can you get yourself out of this mess? Most likely YES! Question is, are you will to spend the time, effort and money to get out of this?

I have a question for you. How did you end up with probation? Did you plead guilty?
 
L

Lieutenant

Guest
FKNA said:
Lieutenant....serious question for you. Couple actually. Do cops ever lie in their police reports. Do cops turn a blind eye if a fellow cop does something out of line?

Of course. There are bad cops as well as good cops, but the majority DO NOT lie. I can only speak for myself. I refuse to tarnish my badge by lying or looking the other way. If I were to catch one of my patrolmen doing this, he would be brought up on charges of conduct unbecoming an officer, etc. I took an oath and I stand by it.
 
F

FKNA

Guest
Lieutenant...just one more question for you, what is the approximate population of the city/town that you serve in?
 
F

FKNA

Guest
Just curious. I guess it really all depends on which city/town one serves in. I have seen first hand the corruption in large cities and once in a small town. My bet is smaller towns have a tighter reign on law enforcement and makes for the right environment for officers like yourself to stand by the oath they take.
 
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sammy11

Guest
drug charges

Lieutenant said:
Approximately 55,000
lieutenant i have a question for you if my live-in boyfriend was charged with selling drugs out of our house. and my name is mentioned in his court papers as being the runner for the stuff my voice is on the tape that the fbi recorded with an undercover narc. about people we know can i be charged with something. so far i havent how long can they wait its been oct.
 

ccarter

Member
Falsely Charged you posted:

"The law states that one may not be accused with possesion unless it is proven that they 1) had control over the controlled substance. 2) Had knowledge of the controlled substance. 3) It was a suffecient amount to be claimed as a controlled substance."


You had no knowledge of the controlled substance? What did you think you were smoking???
 
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H

Humble Warrior

Guest
Kid......you were guilty in an abstract way,and you know it too. You just didnt actually get caught. You could get your record cleared but it is gona cost big bucks.
the probation department was wrong also for threatening you with another charge if you didnt plea to the first one. This is called intimidation/extortion. Had you mentioned this in court,you would have walked,and the probation officer would be in jail/unemployed.
A cop did this to my girl-friend once,and with-in thirty days he was on the streets s a civilian.
Police lie on reports,probation officers lie on reports,both make the situation look worsethan it really was in order to get a conviction. They both know that the procicutors office is going to plea-bargain every case down,so they increase the report,and tack on B.S. charges in order to assure you get the time/fine they originally wanted you to get.
For a good example: lets say you crossed a center line and got pulled over. The cop nails you for D.U.I..
When you go to court the report wont be a D.U.I. charge alone,it will say you were observed crossing the line SEVERAL times,and the officer smelled a HEAVY odor of alcohol. You'll be charged with D.U.I.,travelling on roadways laned for traffic,crossing the center line,wreckless driving,wreckless endangerment to yourself and others,,and public intoxication(you had to get out of your car to take the test).
The entire system is corrupted this is why I spend a good amount of my time fighting it. In all honesty,some real scum-bags that need locked away for life,end up walking,because of loop-holes in the law,but many more minor offenders get slammed with major time,and fines for the same reason.
 

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