wrongly charged

[sprinkle719]

What is the name of your state? Georgia

I was stopped in November 2000 for a faulty exhuast system on my car. The police asked myself and the passenger to exit the vehicle, which we did. The police then searched the car and found an open container. He then walked to the front of the car and picked something up from the ground and told us that it was a marijuana roach and asked if it was mine. I responded that it was not mine, but was arrested anyway for misdemeanor possession. I just recently received notification from my attorney that I had to appear in court for a jury trial on this charge. My questions are "How can I be charged with possession when no drugs were found in the car or on me or my passenger?" and "Is it a violation of my sixth amendment rights to a speedy trial for them to wait almost six years to take this case to trial?'.

 

[JETX]

"How can I be charged with possession when no drugs were found in the car or on me or my passenger?"

Very easily. Simply, the officer felt it was yours.

"Is it a violation of my sixth amendment rights to a speedy trial for them to wait almost six years to take this case to trial?'.

Sounds unusual. What does YOUR attorney say on it??
And how long ago were you charged??
And when exactly were you arrested??

After a little checking...
"In Georgia, the law requires a defendant to make a speedy trial demand. Once that demand is made, a defendant must be tried within two court terms, as long as juries were empaneled and qualified to try the defendant."
So, when did you make your demand for a speedy trial??

 

[justalayman]

He then walked to the front of the car and picked something up from the ground and told us that it was a marijuana roach and asked if it was mine.

were you near the area where the MJ was found. I suggest he believes you dropped it there. You will be able to dispute this in court. That is what a trial is all about.

"Is it a violation of my sixth amendment rights to a speedy trial for them to wait almost six years to take this case to trial?'.

When were you actually charged with a crime? Speedy trial does not play into anything until you are charged. There are statutes of limitations as to how long they can wait to charge you though. These may apply but the specific charge would be needed to determine this.

 

[sprinkle719]

I was charged in November 2000 and no I was never near the front of the car.

 

[justalayman]

I was charged in November 2000 and no I was never near the front of the car.

I presume you plead not guilty when you were arrrainged, correct? What was your bail set at?

I find this very strange. The state prosecuting you for such a minor offense after all this time, just seems strange. Is there more to the story?