Weed charge

[Knagle]

What is the name of your state? Michigan

Here's what happened: a few nights ago me and my friend were driving home from visiting another friend up at college when of course we got pulled over. He asked me for my license registration blah blah blah and I told him I did not have my proof of insurance in the car at the time. He then procedes to take us both out of the car and sit us in the back of the cop car while he goes through my things. He comes back and tells me that there was a bag of weed underneath the passenger seat and I was going to be charged with possession. Not at any moment of all this happening did he say a single word to my passenger who walked away scott free when it was all over. I had heard from a few people that when I go to my court date and pleade i should pleade not guilty so that I would have to come back again for a hearing. What i've been told is that i should bring the friend that was with me at the time to the second court date and have him as a witness saying that the weed was 100% his and that i didn't even know about it. Since they have already charged me for the crime would they be able to revoke my charges and charge him with the same exact crime even though it would have been weeks passed? It seems like a decent idea in theory to me but I don't know too much about all the laws. Thanks a lot for the help.

 

[CdwJava]

If you have a friend who is willing to confess to a crime to keep you out of trouble, then he could be charged. Although, in theiry, you could both be charged.

Consult local counsel.

- Carl

 

[racer72]

As the operator of a motor vehicle, you are responsible and liable for all passengers and possessions in the vehicle, even if the possessions do not belong to you.

It seems like a decent idea in theory to me but I don't know too much about all the laws.

Obviously. It won't save your butt. See an attorney as suggested.

 

[JETX]

I had heard from a few people that when I go to my court date and pleade i should pleade not guilty so that I would have to come back again for a hearing.

Curious... and exactly what 'benefit' do you see from having to go to court TWICE??

What i've been told is that i should bring the friend that was with me at the time to the second court date and have him as a witness saying that the weed was 100% his and that i didn't even know about it.

ROTFLMAO!!!

Since they have already charged me for the crime would they be able to revoke my charges and charge him with the same exact crime even though it would have been weeks passed?

Yep. Must be a really, REALLY good friend to confess to a crime so that you can get off.

It seems like a decent idea in theory to me but I don't know too much about all the laws.

That kind of went without saying, huh??

 

[smutlydog]

It’s more important to have a lawyer review everything to make sure the search was lawful.

If the dope was in his pocket the chances of them taking him and not you would have been at least a little better.

 

[Knagle]

As soon as i told him that I didn't have insurance card with me, they asked for my passengers ID and went back to his car to do the cop thing. When he finally came back out and walked up to the window he told us to both get out of the car right then and he put us in the back of his car and started going through my ****. Nothing was in plain view so he couldn't have seen anything just by lookin in my window. He found a bag of 2 xanax pills in there too and when he asked me if i knew what they were i said yeah i know what they are but they don't belong to me. He didn't ask a single question to my passenger either in my car or his. He never told me what he pulled me over for neither.

 

[CdwJava]

Funny how you didn't mention this more serious offense before.

Thew officer waves a baggie with two pills in it that you claim did not belong to you yet you tell him you know what they are? So, how come you are so familiar with Xanax that you know it on sight? I could show a couple of pills in a baggie to a dozen people and they probably couldn't identify them.

On the other hand, I'd be curious what the lawful justification was for the search. If it goes to court they certainly will have to bring that up. Did they ask if they could look in the car? Were you or your passenger on probation or parole? Either of you have an arrest warrant? Did you say you did not know where your insurance card was but thought it was in the car?

Any of these could justify a search of the vehicle.

- Carl

 

[Knagle]

Funny how you didn't mention this more serious offense before.

Thew officer waves a baggie with two pills in it that you claim did not belong to you yet you tell him you know what they are? So, how come you are so familiar with Xanax that you know it on sight? I could show a couple of pills in a baggie to a dozen people and they probably couldn't identify them.

On the other hand, I'd be curious what the lawful justification was for the search. If it goes to court they certainly will have to bring that up. Did they ask if they could look in the car? Were you or your passenger on probation or parole? Either of you have an arrest warrant? Did you say you did not know where your insurance card was but thought it was in the car?

Any of these could justify a search of the vehicle.

- Carl

I told him that I did not have my proof of insurance right when he asked for it but I did have a ticket from only 2 days earlier for not having it in my center console. I didn't think he'd be an ******* and give me the same waveable ticket that I already had but couldn't fix for another day. He didn't ask to look in the car, were not on probation or parole, no warrants nothin. He said that he saw weed on my passengers shirt but that was after he had already made us get out.

 

[CdwJava]

Well, depending on their justification, your attorney just might be able to get it suppressed.

Though I'm still impressed that you could identify Xanax in a baggie that you claim was not yours and did not know was there. I couldn't do that and I'm our department's DRE.

- Carl

 

[Knagle]

My girlfriend is actually prescribed xanax, so I see them all the time. I'm not gonna lie and say that I never take them, but I know a lot of people who could easily ID the pills that do not take them.

 

[CdwJava]

Hmm. Okay. I'd call that peculiar.

In any event, advise your attorney of the circumstances.

- Carl