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nicklauz28

Guest
What is the name of your state? Pennsylvania

I was involved in an accident caused by another driver running a stop sign and hitting me. In fact, my suv flipped over and I had to crawl out of it. I had an ounce of marijuana in the car for my own personal use (really) packaged in two seperate bags. Because I'm on probation for dui, when I crawled out of my car I ran into the adjacent woods, hid the ounce and came back out. Well, the woman that hit me told the police officer who then found the ounce. I admitted it was mine and when asked where I got it I said "some kid on the street." The cop didn't do anything at that point and, in fact, didn't say anything to the other cops about it. Three weeks later I get a call from him saying that I have to "introduce" him to a dealer or else he will arrest me for either a dui or intent to sell. I figure the dui is bs because he did no sobriety checks at the time. I guess he can get me for simple possession, maybe even intent to sell. But the whole deal sounds shady, I mean he's blackmailing me and it's been four weeks since the accident and still no arrest. Can he still arrest me or is he just trying to scare me into turning into a snitch?
 


HomeGuru

Senior Member
nicklauz28 said:
What is the name of your state? Pennsylvania

I was involved in an accident caused by another driver running a stop sign and hitting me. In fact, my suv flipped over and I had to crawl out of it. I had an ounce of marijuana in the car for my own personal use (really) packaged in two seperate bags. Because I'm on probation for dui, when I crawled out of my car I ran into the adjacent woods, hid the ounce and came back out. Well, the woman that hit me told the police officer who then found the ounce. I admitted it was mine and when asked where I got it I said "some kid on the street." The cop didn't do anything at that point and, in fact, didn't say anything to the other cops about it. Three weeks later I get a call from him saying that I have to "introduce" him to a dealer or else he will arrest me for either a dui or intent to sell. I figure the dui is bs because he did no sobriety checks at the time. I guess he can get me for simple possession, maybe even intent to sell. But the whole deal sounds shady, I mean he's blackmailing me and it's been four weeks since the accident and still no arrest. Can he still arrest me or is he just trying to scare me into turning into a snitch?

**A: you have not told the complete story.
 
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nicklauz28

Guest
legitimate

Uh . . . what do you mean HomeGuru? That is the whole story.
 
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loocpoc

Guest
Since your on probabtion, Iam sure the terms of your probabtion require you to take drug and alcohol testing. I think what the officer is trying to tell you is that either tell him who the seller was or he is gonna charge your ass which will most likely revoke your probation.
 
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DRN

Guest
Talk to an attorney in your area.

Your "confession" is the only thing that links the pot to you. They found it in the woods. They cannot prove it's yours unless you admit to it in court.

If he's been holding the pot for three weeks and is trying to get you to be an informer, my gut feeling says he didn't turn it in and it can never be used as evidence against you.

This subject was touched upon in another thread. If the cop turned the pot in immedicately or asap, it is logged in as evidence and it can be used. If the cop keeps the pot in his personal possession for any amount of time beyond the time he could have turned it in, it will never be allowed in as evidence, with a good criminal defense attorney.

Talk to a criminal defense attorney. Not just any attorney. Make it a criminal defense attorney.

If the facts are as you presented them, a decent attorney will get you off. If the facts are different that what you are telling us, then you aren't getting the help you seek.

My 2 cents.
 
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hmmbrdzz

Guest
DRN said:
Talk to an attorney in your area.

Your "confession" is the only thing that links the pot to you. They found it in the woods. They cannot prove it's yours unless you admit to it in court.

If he's been holding the pot for three weeks and is trying to get you to be an informer, my gut feeling says he didn't turn it in and it can never be used as evidence against you.

This subject was touched upon in another thread. If the cop turned the pot in immedicately or asap, it is logged in as evidence and it can be used. If the cop keeps the pot in his personal possession for any amount of time beyond the time he could have turned it in, it will never be allowed in as evidence, with a good criminal defense attorney.

Talk to a criminal defense attorney. Not just any attorney. Make it a criminal defense attorney.

If the facts are as you presented them, a decent attorney will get you off. If the facts are different that what you are telling us, then you aren't getting the help you seek.

My 2 cents.

My response: hahahaha. I got news for you Nicklaus -- that dope found in the woods is YOURS. Got your name all over it. And if it's an oz -- you're gonna be distributing it. Your attorney won't even attempt to be that stupid.

hmmbrdzz
 
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DRN

Guest
Ignore whatever hmmbrdzz says - she's a blonde moron with no legal background and quite probably a very dubious educational background.
 
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hmmbrdzz

Guest
DRN said:
Ignore whatever hmmbrdzz says - she's a blonde moron with no legal background and quite probably a very dubious educational background.
My response: Have you been to the bookstore yet. How about that second URL? :D

hmmbrdzz
 
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nicklauz28

Guest
DRN - thanks for the advice. A lot of what you've said makes sense. I have a lawyer from my previous dui charges and his response when I told him about this was "I can't do anything until your arrested." I mean, he wouldn't give me advice or anything. My inclinations since the cops first phone call were that he never handed over the marijuana as evidence. I've heard from friends that you have a legal right to see your police report and that if no mention is made of the marijuana in his police report than he can't use it against me in court. You're statement that my confession, not in the presence of an attorney and probably not also documented, would not be admissable in court seems right as well. One other factor to consider is the woman's and witnesses' testimony that I ran into the woods and that's where the cop later found the marijuana. Of course, a good defense attorney would shred them in court since no one actually saw what I had done in the woods.
 

stephenk

Senior Member
"You're statement that my confession, not in the presence of an attorney and probably not also documented, would not be admissable in court seems right as well. One other factor to consider is the woman's and witnesses' testimony that I ran into the woods and that's where the cop later found the marijuana. Of course, a good defense attorney would shred them in court since no one actually saw what I had done in the woods."

First, your admission to the officer can be admitted into court because it is an admission against self-interest that overcomes the hearsay exception, especially when it is tied to the officer showing you the bag of weed and you admitting it to be yours. Were any of the two other people who saw you run into the woods also overhear you admit the weed was yours?

Second, the two people who saw you run into the woods only can testify to what they saw. there is nothing for your defense attorney to discredit, since you also admit you ran into the woods.

Third, the fact that you ran into the woods (have you come up with a good lie as to why you ran into the woods?) and the fact that the weed was found where you ran is circumstantial and carries the same weight as direct evidence. If you plan on defending your case on the story that immediately after the accident you run into the woods for some unknown reason and then the officer finds the weed in the area you ran to but you claim it isnt yours even after you admit it to the office, I think you should seriously consider a plea bargain.
 
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DRN

Guest
Circumstantial evidence carries the same weight as direct evidence?

Yeah, maybe before some elected JP with no JD who relies on the DA for legal advice and interpretation of statutes and case law but not in a real court.
 

stephenk

Senior Member
cite your case law that states that credible cicumstantial evidence does not carry the same weight as direct evidence if direct evidence is not present.
 

Bravo8

Member
In addition to all the above, you could be charged for the DUI anyway. If the officer can articulate the reasons he feels you were under the influence, in conjunction with the accident, will qualify as "incapable of safe driving" , and be in violation of 75 Pa. C.S. 3731(a)(1).
 
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Mike101

Guest
When you want someone to be a snitch for you and you have something you can charge them with, you charge them. Then if they help you you help them in court. If they don't things just go along in the normal course. If the evidence wasn't logged an attorney can turn that around on any cop. Leaves the door open for to many questions.
Maybe you were in the woods because after being involved in the accident you had to go to the bathroom. Why would a cop wait 3 weeks or more to charge you if he wasn't waiting for lab results. If its either you do this for me or I am going to charge you. I know a judge that if he hears that he will say that starts to sound like extortion to him.
If the officer logged it and sent it to be tested then my opinion will be a lot different.
 
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hmmbrdzz

Guest
I'm putting all my money on the "smart cop" scenario.




hmmbrdzz
 

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