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please help im innocent

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ane1010

Junior Member
What is the name of your state (only U.S. law)? illinois
i got pulled over by our local proactive drug task force. i smoke marijuana and we had been smoking in the car previously before we got pulled over. i denied search of the car even though i didnt think anything was in it they found shake and a small bag of marijauna and continued to search my vehicle. somehow they found a straw that tested positive for cocaine residue. i have never ever done cocaine in my life but i got charged with it for it being in my car they said i only got arrested for marijuana but then at the jail they said they charged me with the posesssion of controled substance. they told me that my car would not even be inpounded and i could get it when i got out when i got out they said that my car got siezed. i got a lawyer and am so scared about this and feel so sad i lost my car and might have a felony follow me for the rest of my life, is there any chance that they would drop or lesson my charge. this is my first offence no traffic violations and the marijuana was les than a gram. it saddens me that someone would bring this nasty drug in my car and have it ruin my life, i feel helpless that nobody will believe it was not mine but i would never touch that and get very emotional just thinking of the concequences for an action i did not comit help me!!What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
marijuana is a controlled substance. Cocaine is as well.

what are your actual charges? (statute numbers please if you have them)

Have you retained an attorney yet? You should.
 
What is the name of your state (only U.S. law)? illinois
i got pulled over by our local proactive drug task force. i smoke marijuana and we had been smoking in the car previously before we got pulled over. i denied search of the car even though i didnt think anything was in it they found shake and a small bag of marijauna and continued to search my vehicle. somehow they found a straw that tested positive for cocaine residue. i have never ever done cocaine in my life but i got charged with it for it being in my car they said i only got arrested for marijuana but then at the jail they said they charged me with the posesssion of controled substance. they told me that my car would not even be inpounded and i could get it when i got out when i got out they said that my car got siezed. i got a lawyer and am so scared about this and feel so sad i lost my car and might have a felony follow me for the rest of my life, is there any chance that they would drop or lesson my charge. this is my first offence no traffic violations and the marijuana was les than a gram. it saddens me that someone would bring this nasty drug in my car and have it ruin my life, i feel helpless that nobody will believe it was not mine but i would never touch that and get very emotional just thinking of the concequences for an action i did not comit help me!!What is the name of your state (only U.S. law)?
I'm glad you are scared, you should be. And you are guilty of violating the law, you even admit it here...your credibility is zero being a drug user; cry all you want its just the way it is and thats why people dont believe you. You do need an attny because even the guilty deserves due process (unless the gov't says its a secret, apparently). Maybe you will get lucky & get your car back & get only a minimal punishment. Stop doing drugs and stop hanging around people who do; if not, this will repeat for you.
 
ok so well then that being the case

option a) hire an attorney - a good attorney could likely do a lot better for your plea or maybe even get it dismissed if the cops didnt do it right..
or
option b) get your pd and your plea deal and your probation and especially if they nail you with the coke .. your classes and drug testing and search waiver and get it all handled and try to move on with your life in a few years.

There is nothing you can do really on your own. Anything you do requires legal advice, even a PD.
 
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thin_jupiter

Junior Member
Marijuana is NOT a felony in some states!

marijuana is a controlled substance. Cocaine is as well.

what are your actual charges? (statute numbers please if you have them)

Have you retained an attorney yet? You should.
:rolleyes:


Of course Mariuana is a controlled substance, but in Alabama if you are caught with a small amount of weed, the charge is possession of marijuana which is a 'misdeamenor' especially for a 1st time offense, where as cocaine residue is possession of a controlled substance, or in other words a Felony.
Also, just because he is a marijuana user does NOT mean he is a liar....it is possible that someone put it in his car to seek revenge, then called the cops to tell them there is a large amount of drugs being transported in that vehicle, knowing he would be caught with it. Yes! - people nowdays will do anything to payback someone they dont like, or could even be an ex-wife setting him up on the more serious charge of cocaine, in an attempt to win custody in a child support case...there are a variety of circumstances that could have happened, i just named a couple. Far fetched? not in my eyes.
And lets not forget... there are crooked cops in every county, in every state & abuse their authority & either 'pocket' drugs they confiscate or do it to get praise & up their status as doing a good job on the war on drugs. Police officers are human beings & there are many cases on the books where Lt.Sgt. Corporals, ect. have abused their positions as well as committed horrific crimes themselves, such as murder, rape & drug trafficking.
If needed i can provide several examples..... im just saying
 

justalayman

Senior Member
:rolleyes:


Of course Mariuana is a controlled substance, but in Alabama if you are caught with a small amount of weed, the charge is possession of marijuana which is a 'misdeamenor' especially for a 1st time offense, where as cocaine residue is possession of a controlled substance, or in other words a Felony.
Also, just because he is a marijuana user does NOT mean he is a liar....it is possible that someone put it in his car to seek revenge, then called the cops to tell them there is a large amount of drugs being transported in that vehicle, knowing he would be caught with it. Yes! - people nowdays will do anything to payback someone they dont like, or could even be an ex-wife setting him up on the more serious charge of cocaine, in an attempt to win custody in a child support case...there are a variety of circumstances that could have happened, i just named a couple. Far fetched? not in my eyes.
And lets not forget... there are crooked cops in every county, in every state & abuse their authority & either 'pocket' drugs they confiscate or do it to get praise & up their status as doing a good job on the war on drugs. Police officers are human beings & there are many cases on the books where Lt.Sgt. Corporals, ect. have abused their positions as well as committed horrific crimes themselves, such as murder, rape & drug trafficking.
If needed i can provide several examples..... im just saying


I said MJ is a controlled substance and it is. Other than that, your rant is useless.

The OP is in Illinois. How about some germane info from ILLINOIS, not Alabama.

im just saying
nothing of use here.
 

Dillon

Senior Member
the STATE has no standing?

if me i would get a lawyer to challange the standing of the STATE.

Illinois:

no corpus delicti mean the STATE has no standing to file these charges.
no damaged party means no crime.


“Occurrence of injury or loss, and its causation by criminal conduct, are termed the “corpus delecti.” People v. Assenato, 586 N.E.2d 445, 448, 166 Ill.Dec. 487, 490.

““Corpus delecti” of an offence consists of fact that injury occurred and fact that injury was caused by a criminal act.” People v. Lewis, 498 N.E.2d 1169, 1174, 101 Ill.Dec. 661, 666.

"It is elementary that the corpus delecti constitutes an essential element of a criminal prosecution..." People v. O'Neil, 165 N.E.2d 319, 320.

"Rather, we understand the rule to be that the corpus delecti, like every essential element of a criminal case, must be proved by competent evidence beyond a reasonable doubt." People v. Jones, 177 N.E.2d 112, 114.

“The corpus delecti rule requires that the corpus delecti or the body or substance of the crime charged be proved independent from the accused’s extrajudicial confession or admissions. The corpus delecti of a crime consists of two elements: (1) the fact of the injury or loss or harm, and (2) the existence of a criminal agency as its cause. [citing] People v Jennings, 53 Cal 3d 334, 279 Cal Rptr 780, 807 P2d 1009, 92 CDOS 2576, 91 Daily Journal DAR 4222, reh den. cert den (US) 116 L Ed 2d 464, 112 S Ct 443…People v Pensinger, 52 Cal 3d 1210, 278 Cal Rptr 640, 805 P2d 899, 91 CDOS 1514, 91 Daily Journal DAR 2504, mod 53 Cal 3d 729a, 91 Daily Journal DAR 4745 and stay gr (Cal) 1991 Cal LEXIS 3318 and reh den. cert den (US) 116 L Ed 2d 290, 112 S Ct 351, 91 Daily Journal DAR 12909, reh den (US) 116 L Ed 2d 821, 112 S Ct 923; State v Pullos, 76 Idaho 369, 283 P2d 590; People v Friedland (1st Dist) 202 Ill App 3d 1094, 148 Ill Dec 415, 560 NE2d 1012; Brown v State, 239 Ind 184, 154 NE2d 720, cert den 361 US 936, 4 L Ed 2d 360, 80 S Ct 375; Joseph v State, 236 Ind 529, 141 NE2d 109, 69 ALR2d 824, cert dism 359 US 117, 3 L Ed 2d 673, 79 S Ct 720; People v Aiken, 66 Mich 460, 33 NW 821; People v Gould, 156 Mich App 413, 402 NW2d 27; State v Simler, 350 Mo 646, 167 SW2d 376; State v Hill, 47 NJ 490, 221 A2d 725; State v Robinson (App. Scioto Co) 83 Ohio L Abs 259, 168 NE2d 328; State v Brown, 103 SC 437, 88 SE 21…there must be sufficient proof of both elements of the corpus delecti beyond a reasonable doubt.” 29A American Jurisprudence Second Ed., Evidence § 1476.

"In Illinois, standing requires only some injury in fact to a legally cognizable interest and the injury, whether actual or threatened, must be distinct and palpable, fairly traceable to the defendant's actions, and substantially likely to be prevented or redressed by the...relief requested." In re D.W., 799 N.E.2d 410.

"Standing requries only some injury in fact to a legally cognizable interest." In re County Treasurer and Ex Officio County Collector of Cook County, 775 N.E.2d 86.

"This court has repeatedly held that standing requires some injury in fact to a legally recognized interest." In re Estate of Wellman, 673 N.E.2d 272, 276 (Ill. 1996).

"The definition of judicial power given by Judge Cooley in his work on Constiutional Limitations, held by this court to be sufficiently accurate for the purposes of the question then before the court, which was in substance the same as that now under consideration, is as follows: "The power which adjudicates upon and protects the rights and interests of individual citizens, and to that end construes and applies the laws." Owners of Lands v. People, 113 Ill. 309." People v. Chase, 46 N.E. 454, 458. Also quoted in People v. Bruner, 175 N.E. 400, 404

""Judicial power" implies the construction of laws and the adjudication of legal rights...[note 6] No law is construed by the board, and no legal rights are submitted to and adjudicated by it, without which, we have seen, judicial power is not exercised." People v. Appelbaum, 95 N.E. 995, 997.

"Judicial power is the power which adjudicates upon the rights of citizens, and to that end construes and applies the law." People v. Hawkinson, 155 N.E. 318, 319.

its my understanding, is that you did not violate anyone's legal rights for the court for have jurisdiction.
 
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justalayman

Senior Member
hey everybody, Dillon is back with his:

You can't tell me what to do. I can do anything I want Cartman act.

How did you escape the guards dillon? they leave the straight jacket too loose?
 

cyjeff

Senior Member
Oh goody.

Dillon is here for our weekend rant against the man.

Outstanding.

Don't even have to read it to know that he is suggesting the OP try some legal vanguard that says it is perfectly fine to possess illegal drugs because you want to.

OP, don't listen to Dillon. You will find that taking the advice of people that refuse to take their own is very dangerous.
 

CdwJava

Senior Member
i got pulled over by our local proactive drug task force. i smoke marijuana and we had been smoking in the car previously before we got pulled over.
As such, the car almost certainly wreaked with the aroma of aromatic weed.

i denied search of the car even though i didnt think anything was in it they found shake and a small bag of marijauna and continued to search my vehicle.
Unless your state prohibits a "plain smell" exception to the warrant requirement, then the aroma of marijuana is likely what they relied on to articulate the probable cause required for a search of the vehicle. As a result of that search they found drugs.

somehow they found a straw that tested positive for cocaine residue.
Probably because someone had used it at some time and left it in your car. That's what happens when you hang with doper friends.

is there any chance that they would drop or lesson my charge.
Your defense attorney should be able to lay out your options. Chances are there is some sort of deferral program to allow you to plead guilty, get into rehab, and avoid at least a felony conviction. But, you will have to ask, such a program may not be available depending on your specific charges.
 

Dillon

Senior Member
you are guilty of violating the law, you even admit it here...your credibility is zero being a drug user; cry all you want its just the way it is and thats why people dont believe you. You do need an attny because even the guilty deserves due process (unless the gov't says its a secret, apparently)
No crime was commited by the OP, because nobody's legal rights were violated.

We are all drug users, caffeine in coffee is a drug, etc...

you are right, the OP needs to Stop doing drugs while driving, if not, this will repeat and someone will really be injured.
 
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cyjeff

Senior Member
Hey cyjeff, you're here to rant against the courts.

if, you dont like the courts decisions, go live in Russia.
How cute.

You have decided to double speak your way around to the point where YOU support the courts and I don't.

How very inventive.

I always enjoy creative fiction.

However, you are the one saying that the state can't prosecute drug offenses... tell me, in your world, what color is the sky?
 

Country Living

Senior Member
No crime was commited by the OP, because nobody's legal rights were violated.

We are all drug users, caffeine in coffee is a drug, etc...

you are right, the OP needs to Stop doing drugs while driving, if not, this will repeat and someone will really be injured.
Ah, Dilly....the last I heard caffeine wasn't a controlled substance. You need to work on your analogies. :eek:
 

CavemanLawyer

Senior Member
People, Dillon is obviously just trying to get a rise out of you. He does it in every topic. Ignore him and report his posts to the administrators. That's what I do. Eventually they will ban him.
 

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