Possession of Cannabis and illegal Drug Paraphernalia

Hello everyone,

I'm 18 years old and from Illinois, and this is my predicament.

Couple nights ago, two of my friends and I were driving around Rock Island, IL looking for something to eat. My friend didn't have his headlights on, so a cop pulled us over. The only illegal substances that were in the car were 5 grams cannabis, and a used pipe.
One of my friends was driving, another friend in the passenger seat, and I was in the back seat. When the officer pulled us over he immediately smelled the marijuana, and searched the driver first. He did some routine tests, and then hand-cuffed him and put him in the police car. Knowing that the car was eventually going to get towed and searched, my friend (in the passenger seat) and I were talking amongst ourselves about what we should do with the illegal substances. In a panic, I put the five grams and the pipe in my pants.
The officer then searched the friend in the passenger seat, and found nothing (same as the driver). Then, he about searched me. Before he actually searched me, the officer said, "Your friend already told me that their is illegal substances in the vehicle... if you tell me where, i'll cut you a deal." After he said this, I showed him both the pipe and the 5 grams marijuana.
The officer then told me that I would be charged with possession of cannabis/illegal drug paraphernalia. The driver would be charged with a DUI, Possession of illegal drug paraphernalia, not having headlights on, and the towing fees. My friend in the passenger seat was free to leave, and dismissed of any possible charges.

After having stated my story, my question is... Is there anything I can do to expunge my charges from my record?
I have until January 24, 2011 (my court date) to figure it out.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Sorry to say but I doubt it. You handed over the illegal drug, doesn't sound like he searched anything illegally. And when your friend told him there was illegal substance in the car that pretty much gives the officer the right to do anything he wants to you guys.

That all being said... if this is your first offense and you get a decent lawyer you should be able to get conditional discharge.

Conditional discharge will/may include probation, drug testing, drug courses, counseling. If you get conditional discharge and then complete whatever conditions they give you (judges discretion) then this will NOT be on your criminal record.

Thank you for your input.

Do you think that it would be possible for my charges to be dismissed if I told the Judge that the illegal substances belonged to the driver and not myself? Because their is no evidence at all that says I was smoking.

And if this would work, would the driver get in more trouble than he would have if he didn't plead guilty?

I am not sure, that is something you should ask your lawyer (if you don't have one yet, get one).

Either way someone has to take the possession charge, if it's not you it will be your driver and he will face those consequences.

One last question.

The officer never read me my miranda rights. Can I somehow use that to my advantage?

mconverse said:

Thank you for your input.

Do you think that it would be possible for my charges to be dismissed if I told the Judge that the illegal substances belonged to the driver and not myself? Because their is no evidence at all that says I was smoking.

And if this would work, would the driver get in more trouble than he would have if he didn't plead guilty?

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It wouldn't make any difference. You were charged with possession, you possessed the marijuana. The judge is not your Mom and Dad. You were charged with breaking a law and you will be held accountable.

mconverse said:

One last question.

The officer never read me my miranda rights. Can I somehow use that to my advantage?

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No, an officer is not required to read you Miranda rights prior to a simple arrest. You have watched too many T.V. shows. Is there any reason that you feel that you shouldn't be held accountable for your actions?

There's no reason that I should be let off the hook. I made a mistake that night, and I know that I'll pay the consequences. I'm just running out of possible ways to minimize my fines. I'm not a judge, lawyer, cop, nor a person who knows anything about the justice system; I'm just an ignorant kid who wanted some help getting this expunged.

Thank you for your input. Hopefully it helps.

P.S. I do watch too many criminal tv shows. I'm starting to find out that (for the most part) that's not at all how the legal system works. It sucks.

mconverse said:

There's no reason that I should be let off the hook. I made a mistake that night, and I know that I'll pay the consequences. I'm just running out of possible ways to minimize my fines. I'm not a judge, lawyer, cop, nor a person who knows anything about the justice system; I'm just an ignorant kid who wanted some help getting this expunged.

Thank you for your input. Hopefully it helps.

P.S. I do watch too many criminal tv shows. I'm starting to find out that (for the most part) that's not at all how the legal system works. It sucks.

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Expungement of your arrest and charges will not be possible until after your criminal trial is completed. As long as you have never been convicted of any other offense or municipal ordinance then you may be eligible to expunge this mistake from your record. If you do have a prior conviction you may be eligible to seal the record later.

The best thing for you to do is to seek some sort of representation in your case.