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first time being arrested

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notguilty11

Guest
What is the name of your state? California

I went to visit my boyfriend at County jail a few weeks ago, and as I was about to shut the car door, 2 cops walked up to me and asked if this was my vehicle. I said yes and then they said that they do random searches and if I wouldn't mind them searching my car. Since there is a big sign posted before you enter the parking lot saying that they have the right to do this, and also I had nothing to hide anyway, I let them. Before I knew it one officer was telling me to put my hands behind my back, that I was being arrested for possession of drugs on a correction facility. I had no idea what he was talking about. They took me into the office there on the site, where I must say have officers with very bad manners, and they continued to chastise me. They were waving around the 2 bags they said they found in a black sipper bag under the front passenger floor carpet. They didn't take the black bag, only the 2 baggies of the drugs, which they were debating between cocain and methamphetimines. They weren't mine, but they didn't believe me, yet they didn't drug test me either. I was taken to another facility and booked, then released on bail. I am 35 and I have never been arrested before and am scared as to what is going to happen on my court date in a few weeks. Please any insight to help shed some light on this is appreciated greatly! I think I should also add that I'm pretty sure that the drugs belonged to my boyfriend and he put them there the night he got arrested, but ended up taking his truck instead of my car, and forgot that they were there.
 


JETX

Senior Member
Since you didn't tell us what you were charged with, we can't tell you what the specific repercussions are going to be, but suffice to say... you have a major legal problem.

You were in control of the vehicle when the drugs were found, so you are going to take the fall for this. I suggest you start interviewing criminal defense attorneys, and get ready to shell out some major bucks.
 
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notguilty11

Guest
addition to the above post

The charge is a 4573.6, which is possession of drugs on or in a detention center. I know that I said the car was mine although it still isn't registered to me. I haven't been able to get it to pass smog to transfer the ownership papers. The previous owners should of by law smogged it, but they didn't.
 

JETX

Senior Member
The fact that the vehicle is not titled in your name has nothing to do with the charges. If you will notice in my post, I said you were had CONTROL of the vehicle. And since the drugs were found in the car that you had control of... you are in for some very serious criminal charges.

CA Penal Code:
"4573.6. Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any jail, road camp, farm, place or institution, any
controlled substances, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming controlled substances, without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison or jail,
institution, camp, farm or place, or by the specific authorization of he warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm or place, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county."

As you can see, if found guilty, you are looking at a FELONY with state prison terms of several years.
 
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OnlyOneVoice

Guest
JETX:

I seem to remember another poster being badgered about the term "knowingly".

Will it be difficult to prove that she "knowingly" took drugs into this facility?

It would seem unlikely since she willing submitted her car to the search with the sense that she had nothing to hide.
 

JETX

Senior Member
"Will it be difficult to prove that she "knowingly" took drugs into this facility?"
*** That would certainly be the avenue that a defense lawyer might take on her behalf. Whether it would work or not would depend on the specific circumstances. I might add though.... the prison has lots of 'guests' that allowed searches knowing that they had contraband in the car..... and 'gambled' that it wouldn't be found.
 
shell out some major bucks

I think money would be a cureall for me because thats what they all want, without it i flounder around here and there, and sometimes someone throws me a bone in between the lectures and contempt. Still not even done yet.

what happens to poor people, I have no money and most I could spend is a series of phone calls and faxes with a few other stationary items and them I am spent till my next disability check. Any court appearence for would have to be when they make me go (which does not require money upfront and it is put on the tab). I feel by then I am judge quilty before seeing the judge. Lack of money add a lot more punishment to what one is accused of. That is a bad system.
 
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mikkey5

Guest
sorry man being poor is no excuse for commiting crimes....In fact we look at it as a deterrent, ....such as:

Are you MAN enough to keep out of trouble when you have no money.

Most people can't handle that type of situation.

Therefore poor people go to jail.
 
I could live without things if stealing is the only option because most things are an option to have and are not needed to stay alive anyway, so stealing would a bad reason. But when they freeze my money so I can buy food, This is where I will be weak. I had to lie to the bank for money when my account was frozen, to get food. Not a crime this time but certainly not honest. I live in a small town with no services. The only way to get food is to pay for it. I used half of the money to get rid of the freeze. I won a battle but lost the war. Back the square one with half of my assets.
I worried cause it is not over. Non of my problems are worth enough for lawyers to take yet big enough to get me deeper into trouble that I can,t control.__Time going by is what increases the problems, not me. Any step I take involves a large part of my assets to be used and not enough to follow through. I had been fine for the past twenty years being poor and happy.
But this close call with food not right when so much is available.
Everything else that money buys is an option except food to eat. I hope I am not being rude.
 
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notguilty11

Guest
Thank you for stopping this, I was wondering what he was talking about.

I do have another question to add to my original post, and that is about hiring an attorney. I did hire one but only paid him a little bit of money so far. I have heard that if I ask him to just charge me for the appearances in court that he makes, they usually charge only a few hundred dollars each court date rather than spending thousands of dollars. Is this true?:confused:
 

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