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HELP pound of marajuana

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BJR1991

Junior Member
Wilmette, illinois.
Im 20 years old, my passenger was 16. I drove him to a marajuana dealers house, stayed in my car while he went in and bought it, he came back out and we left. Cops pulled us over 4 blocks later saying they saw us come out of a house theyve been watching, and said the car smelled like weed. They pullled us out of the car. The cop asked me if i knew if there was marajuana in the car, i said yes but i dont know how much and it wasnt mine. the cops asked if they could search the car, and if they wernt able to they would call for a search according to cops. i said "looks like i dont have a choice" and they searched the car. They found a pound, arrested both of us and brought us to the police station. they asked a couple questions (no rights read yet) then threw me in a cell. Later, before i wrote my statement they made me sign my rights. Long story short, we both are being charged with the same thing (posession of more then 30grams but less then 500 grams). Is this legal? It wasnt mine, nor intention to be mine, i was just being the transportation.


(forgot to add- the 16 year old admitted to the cops that it was his, and the cops openly told me that aftr my rights)
 
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Isis1

Senior Member
Is it legal? Yes. You knew what you were going to get when you took the minor to purchase the drugs. You knew the drugs were in the car. You admitted you were aware of the drugs in your car. You don't watch enough Law & Order. YOU HAVE THE RIGHT TO REMAIN SILENT. you walked right into that one.
 

cyjeff

Senior Member
Let me ask you this.

Is the getaway driver just as guilty of the bank robbery if the driver 1) knows that his friends are inside robbing the bank; and, 2) he drives the bank robbers away?
 

CdwJava

Senior Member
Possession is not a crime of ownership or even use, it is a crime of knowledge, dominion and control. You knew why you passenger (a minor) was there. you knew what he bought, and you knowingly drove him away from the scene with the drugs. So many possible felonies! You need an attorney yesterday!

They might have charged you with possession initially, but that does not mean that transportation and sales, contributing to the delinquency of a minor, and/or conspiracy to buy/sell/transport drugs, are not forthcoming.
 

BJR1991

Junior Member
What can i do to defend myself? because thats a hefty hefty charge that will haunt me on any application for the rest of my life.
 

cyjeff

Senior Member
What can i do to defend myself? because thats a hefty hefty charge that will haunt me on any application for the rest of my life.
Sell everything that you own that has any value and secure the services of an excellent attorney.
 

CdwJava

Senior Member
What can i do to defend myself?
Hire an attorney. If you cannot afford one, the court should appoint one for you.

because thats a hefty hefty charge that will haunt me on any application for the rest of my life.
Why is it that people do not consider the future impact of their crimes until after they are caught? :confused: You know the old adage: Don't do the crime unless you can do the time.

Yes, it is a potentially hefty charge. If you are real lucky and your attorney is quite glib (or is on good terms with the prosecutor) you may get lucky and you might be able to allow a plea for possession and be eligible for some sort of drug diversion program. But, if they go for dealing, or more serious offenses, that may not be possible at all.
 

cyjeff

Senior Member
Hire an attorney. If you cannot afford one, the court should appoint one for you.


Why is it that people do not consider the future impact of their crimes until after they are caught? :confused: You know the old adage: Don't do the crime unless you can do the time.

Yes, it is a potentially hefty charge. If you are real lucky and your attorney is quite glib (or is on good terms with the prosecutor) you may get lucky and you might be able to allow a plea for possession and be eligible for some sort of drug diversion program. But, if they go for dealing, or more serious offenses, that may not be possible at all.
Let's not forget that our friend here was helping a MINOR buy a pound of weed.

That certainly won't help his case any.
 

BOR

Senior Member
1991, in addition to what Carl stated, inchoate offenses, such as Conspiracy and Complicity can be charged under such, OR as the Principal offense.

An Attorney will review the law of knowledgeable possession.
 

ERAUPIKE

Senior Member
What can i do to defend myself? because thats a hefty hefty charge that will haunt me on any application for the rest of my life.
Yes it will, you will be a convicted felon. It will also haunt you in your personal life, you will lose your right to own firearms and vote.

What kind of record do you have already?
 
A pound is 454 grams, so it looks to be correct. Hang around drug dealers and you'll be treated like one by the law. And I agree with this public policy.

Go see an attny.
 

calatty

Senior Member
I don't think the case is as open and shut as the others do. The crime of possession requires that the defendant have dominion and control over the drugs, not merely knowledge that the drugs are there. BJR does not say that he knew the house was a marijuana dealer's house when he drove his friend there. His friend may have gone in and picked up the marijuana and then told BJR when he came out that he bought some weed inside. BJR doesn't say he ever saw the marijuana, and he told the police he did not know how much marijuana was in the car. He also did not say where the marijuana was found - if it was under his friend's seat, for example, that would further indicate that he did not have dominion and control over it. Depending on the facts, there may not be strong evidence that BJR had dominion and control. That may not help him get off the hook, but it may help him in plea negotiations. The prosecutor is more than likely to offer him a plea deal to a reduced charge. Maybe his state has diversion programs for first-time offenders that will allow him to avoid becoming a "convicted felon." BJR does not need a high-priced attorney, just an attorney experienced with drug cases. If he qualifies for legal aid or the public defender, they will provide him with more than adequate representation. Finally, unless I am mistaken, BJR came to this forum for legal advice, not for moral condemnation.
 

CdwJava

Senior Member
I don't find much morally redeeming value in driving a minor to a drug deal. Yeah, it might be a little touch proving the dominion and control ... maybe ... but, the truth of the matter is that everyone there knew what was going on. And, it is possible that the officers have additional buys or information that put our OP into a very poor light as part of this whole conspiracy.

I agree, the defense will seek a plea deal to possession and diversion, or maybe some lesser offense concerning contributing to the delinquency of the minor. I would hope that the DA would not cave on this and would compel the defense to fight hard for every inch of ground. I have no love for drug dealers who assist children in getting their dope. None at all.
 

calatty

Senior Member
My point was that you were not asked if you find his conduct morally redeeming. This is a legal advice board, not a morals advice board. I don't think a 20-year-old should be driving a 16-year-old to a drug deal either, but I get annoyed when people on this board gratuitously offer their moral condemnation when the person asking the question is already miserable, scared, and knows he made a mistake and just wants to know what is going to happen to him. It is very unprofessional too -- none of us would have clients if we offered our unsolicited opinion about the client's conduct, nor is that our job or area of expertise. Let the person's pastor, or parents, or counselor discuss the morality of his conduct with him.
 

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