possesion of mari/loitering help

What is the name of your state?What is the name of your state?New York

Ok so this is my first time getting "arrested". Heres the story in brief:

My friend and I were sitting in a parking lot letting the car warm up. A police officer pulls into the parking lot, parks behind us. Walks up to the car, first thing she says is "what are you smoking?" Then stuck her head in the window said she smelled pot ( we had smoked in the car about an hour and a half before) She proceeds to search us and the car finding 5.5 grams on me and about twice that on my friend. so we each got tickets for loitering and possesion of marijuana.

I was wondering what type of plea I should enter, and how i would be able to get a conditional disharge.

Her reason for approaching the car is that we were suspiciously sitting in the parking lot with the car on. She never asked for liscense or registration. My friend said he would rather not have her search the car, but she did anyways.

thanks guys

Q: I was wondering what type of plea I should enter, and how i would be able to get a conditional disharge.
A: Guilty. (See more info below).

Q: Her reason for approaching the car is that we were suspiciously sitting in the parking lot with the car on.
A: This is good probable cause; she thought you were casing out the joint (pun intended) because that is what you looked like you were doing.

Q: She never asked for liscense or registration.
A: Good.

Q: My friend said he would rather not have her search the car, but she did anyways.
A: Then this means, "Yes, you can search my car." Besides, you can't gripe; it wasn't your car.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

My friend said that he would rather not have her search the car, but she did anyways.
Are you kidding? Why didn't your friend just say "NO!"
I have never understood this. Maybe you can help me. Why is it when I have a suspicion that I will probably find drugs in the car/on the individual, and I ask for consent to search the answer I normally get is, "I don't care." or "I'd rather you not but..." or "I don't have anything to hide." (yes you do) It amazes me the number of times that consent should not have been given and yet here you are. I don't know what your jurisdiction is like and how available a K9 is but not consenting may not have mattered much anyway. Just a thought.

thanks/no thanks

thanks for the serious help and to the one for pleadeing insanity? im trying to get serious help i didnt come here for criticism.

mystickid said:

thanks for the serious help and to the one for pleadeing insanity? im trying to get serious help i didnt come here for criticism.

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You are welcome.