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a P.O.C.S. Help me, Please!!

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othermage2

Guest
I was arrested for posession of a controlled substance (1-4grams); however, it is a big misunderstanding. They belong to my aunt. I was returning some of her pills that weekend, so they were in my bag. I don't know how important it is, but they never read me my rights. The reason they searched my car was because they said I was too nervous. (who wouldn't be when you have 2 officers pulling you out of your car to pat you down and start questioning a non-drug user about drugs) I was scared because my work schedule had kept me up for the last 26-28 hours..I was very tired in addition to being nervous. I'm in Texas. I was booked in their local jail, but was later transfered to the county jail. This is the first and only time I have been arrested. What do you think? Thank you.
 


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collegekid

Guest
tricky situation

depending on the substance in question, you might have a chance--for instance--if the pills u claim to be your aunts are prescription variety--if you can bring in her prescription to court to prove that-u might get off. However, if the pills are MDMA or mescaline or some other street drug--then you are screwed-i can imagine a judge hearing a million people claim-" but your honor the drugs werent mine i swear"

as for the reason you were searched-sad to say that cops usually just search somebody and if they find drugs then they make up a reason why they initiated a search (being nervous?) lol---right- who isnt nervous when they get pulled over. Usually you get pulled over because you did something wrong--and hence u might get ticketed-fined--or jailed--of course u were nervous---

never being read your rights is serious--thats a big cop NO NO--i am not an attorney-but i think that would surely help in a defense case-(if the cops dont lie and say they DID read u your rights). good luck man
 

calatty

Senior Member
I agree that what will happen depends on what kind of pills they were. If they are an illegal substance, then it will be up to the jury to decide whether your story about your aunt is true.
The police have to have a legitimate reason to stop your car and they have to have a legitimate reason or your consent to search it.
As far as reading you your rights, the police have to read you your rights only if you are under arrest and they are going to question you. If they do not read you your rights before questioning you, they cannot use the answers to the questions against you in court. If they do not question you, then they don't have to advise you of your rights.
 

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