Marijuana Possession charge on federal property.

State: California
Age: 20

On my way home from work, I was pulled over for speeding on a marine base.
I was asked to step out of my car and they searched me. Not finding anything they asked to search my car. I told them I dont consent to searches. After they threatened to tow my car and search it anyway. Not thinking (just got off a stressful day of work) I agreed to the search. Under my seat they found less than a gram of marijuana. They then arrested me (without cuffs) and took me to their office. There they took down my information and gave me a ticket. Before leaving the officer said he wont be charging me for the possession, and that I could drive my car home. Well a couple of weeks later I recieved a letter in the mail to appear at the local Federal District Court for possession of marijuana. My court date is on Feb 4, 2011.

Im not sure what im going to do, I cannot afford an attorney, as I was laid off of my job because of the charge. I was thinking of requesting a trial by jury and have an attorney appointed to me. Maybe asked them to drug test me? What would you guys recommend?

You give the government implied consent to search your vehicle by bringing it onto a military base. This makes it harder to contest a search. But since you agreed to let them search the vehicle, that point is moot.

As for testing you for MJ in your urine, its irrelevant. You are charged with possessing the drug, not using it.

Also, the decision to charge you depends on the prosecution and the officer could not promise on their own that charges would not be filed.

Ask for a lawyer.

Contact an attorney.

Even though you were on a military base, they do not get to search you automatically. If what you say is true, then your consent was not voluntary and the search might be able to be suppressed. However, I suspect that they will articulate that it was voluntary and that they never threatened to tow the car they only mentioned that it was an option. Though, for the life of me I can't see how they could tow the car for a speeding violation.

Consult legal counsel ASAP.

Can't afford an Attorney right now. I lost my job due to this and unemployment is barely paying my bills as is. It's been rough I've been applying all over my city and even nearby cities looking for a job. BTW do I have to list misdomener on job applications since I haven't been to court yet?

I believe the 4th amendment applies on a military base also. The lesser standard is at the base entrance/exit. Do what Carl says. An attorney is your only hope. And, there seems enough issues here to ask one about things. True, I suspect the actual facts may change once the MP's version comes to light.

Demz said:

BTW do I have to list misdomener on job applications since I haven't been to court yet?

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Most employers in CA cannot even ASK about an arrest or detention, only convictions for misdemeanors and above. No conviction, then no legal requirement to mention it.

so what happened...

I am facing the same situation and my court date is August 11th. Straight to the letter exact same scenario. DEMZ seeing how you have obviously resolved this issue by now I'm curious how it went.

Hind sight is 20-20 what did you decide to do and what would you have done differently.

I will tell you what I know from my research...first off you should not have had any issue with your job until after court simply because the allegations are against you but you are innocent until proven guilty and still not convicted.

second of all possession of less then an ounce let alone less then a gram is an infraction punishable only by $100 fine and no criminal record as of january 1st 2011. I just read this tonight. That is of course if you are busted in Cali.

if you were convicted and the charge stuck to your record there is a pc1000 drug divergence class available but requires a court order to enroll. this class will exsponge the charge clean off your record after completion.

Like i said im curious how the ordeal went for you. any incite would be greatly appreciated.

Highon, if you were busted on base, it's the feds who charge you... not the state. You need to look at the FEDERAL drug laws, not the state ones.

hence why i asked what happened to demz. he stated that he was on his way home from work and the title of the thread is on federal land.

What happens when you go to court, not what the feds can do. I'm asking what they DO do.

I'm merely pointing out that what you know from your research pertains to state law... not federal law. You're researching the wrong things.

What they DO do varies based on who is prosecuting and what he or she feels like pushing for, like in most situations. I've heard of people getting probation, and I've heard of them getting the book thrown at them. It's a crapshoot, and for a federal charge, you absolutely need an attorney.

i appreciate your incite. would you happen to know any decent attornies and their contact info. I am willing to speak with a lawyer that has dealt with this before because less then a gram and not being charged with a dui as well im curious if its worth taking to trial or if a no contest plea would be more suitable. I would like to resolve this issue sooner rather then later and entering a not guilty plea will extend to another court date.

I've also been terminated and am already fighting with my employer over wrongfull termination so getting this charge taken care of will give me more bullets in this case.

again thanks for trying to help.

highonliven said:

i appreciate your incite. would you happen to know any decent attornies and their contact info. I am willing to speak with a lawyer that has dealt with this before because less then a gram and not being charged with a dui as well im curious if its worth taking to trial....

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We don't do referrals in the forum. You could click the find an atty link for that, though.
And you should have started your own thread---this one is six months old.