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Adults car..........but MINORS WEED?!?

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L

lpage

Guest
What is the name of your state?What is the name of your state? Maryland

My son was recently arrested and charged with (1)Marijuana possession(2) Possession with intent to distribute

The story goes as a follows:

Son (18) and friend (17) were stopped for a traffic violation. Friend gives son a bag (son said he did not know what was in it) told him to hold it - Son placed bag in between the both of them.

Cop searches the car sees the drugs in plain sight.

Friend admits to the cop the drugs were his.
Cop takes them both to jail.
Impounds car.

They get to the station, friend is released and my son spends 3 days in jail.
We still can't get the car (we are waiting for investigators to call us)
Now for the questions.

1. The friend has said he will confess. How will a lawyer handle this information? Should we tape the conversations between the two of them son-friend? Is this admissable or even legal for that matter?

2. If the friend does not confess, is it possible that my son can plead not guilty and beat the charges.

3. Can they seize his car?

any thoughts?
 


HomeGuru

Senior Member
lpage said:
What is the name of your state?What is the name of your state? Maryland

My son was recently arrested and charged with (1)Marijuana possession(2) Possession with intent to distribute

The story goes as a follows:

Son (18) and friend (17) were stopped for a traffic violation. Friend gives son a bag (son said he did not know what was in it) told him to hold it - Son placed bag in between the both of them.

Cop searches the car sees the drugs in plain sight.

Friend admits to the cop the drugs were his.
Cop takes them both to jail.
Impounds car.

They get to the station, friend is released and my son spends 3 days in jail.
We still can't get the car (we are waiting for investigators to call us)
Now for the questions.

1. The friend has said he will confess. How will a lawyer handle this information? Should we tape the conversations between the two of them son-friend? Is this admissable or even legal for that matter?

2. If the friend does not confess, is it possible that my son can plead not guilty and beat the charges.

3. Can they seize his car?

any thoughts?
**A: there has to be more to this story. How old is your son, whose car where they driving and what kind of police record does he have?
 
L

lpage

Guest
my son is 18, it is his car, no prior record.

according to my son, he just gave the friend a ride
 
O

OC3902

Guest
lpage said:
What is the name of your state?What is the name of your state? Maryland

My son was recently arrested and charged with (1)Marijuana possession(2) Possession with intent to distribute

The story goes as a follows:

Son (18) and friend (17) were stopped for a traffic violation. Friend gives son a bag (son said he did not know what was in it) told him to hold it - Son placed bag in between the both of them.

Cop searches the car sees the drugs in plain sight.

Friend admits to the cop the drugs were his.
Cop takes them both to jail.
Impounds car.

They get to the station, friend is released and my son spends 3 days in jail.
We still can't get the car (we are waiting for investigators to call us)
Now for the questions.

1. The friend has said he will confess. How will a lawyer handle this information? Should we tape the conversations between the two of them son-friend? Is this admissable or even legal for that matter?

2. If the friend does not confess, is it possible that my son can plead not guilty and beat the charges.

3. Can they seize his car?

any thoughts?
Maryland is one of the states where you have to get the consent of the other party, i.e. your son's friend, to the tape recording of conversations between your son and his friend. Otherwise, the recorder risks criminal liability.

http://expertpages.com/news/taping_conversations.htm

http://pimall.com/nais/n.tel.tape.law.html

Even if your son's friend consents to the tape recording, it's not necessarily admissible if you record it. If the Judge finds the tape recording is not reliable, he might not allow it into evidence.

If the cop interrogated him (interrogation has a legal definition) while your son was in police custody, he had to read your son his Miranda rights. If your son confessed voluntarily and there was no interrogation, it might be hard to beat the charges. In any case, he needs an attorney.

The police can impound the car after an arrest.
 

CdwJava

Senior Member
Additionally, if the marijuana was seen in plain view in a place between the seats, then it is permissable to arrest both for possession. Not to mention that you say your son admitted to receiving it from his friend and then placing it between them ... he thus has admitted to knowledge and possession.

And if the marijuana was open to view or in a baggie (i.e. something where it's appearance was readily evident), your son's claim of not knowing what it was will likely fall on deaf ears in court.

He should probably consult a lawyer and stop talking with dad as you CAN be subpoenaed as a witness for the prosecution.

Chances are this is a real 'nothing' offense. But, only a lawyer can know this for certain, and advise him of what future repercussions might be by a conviction, a plea, diversion, etc.

Carl
 
L

lpage

Guest
Actually, my son said the friend confessed in front of the officer at the time of arrest. (this should definitely be in the police report if it happened) The police officer still arrested both of the.

I'm sorry, when I said "seized" I mean't that they impounded the car, the won't let it go untill we talk with someone from the narcotics seizure and asset department (the name itself scares the hell out of me)

We are not sure how much weed was in that bag, but is there a quantity of drugs found in your vehichle that allows the PD to keep the car?
 

CdwJava

Senior Member
Generally we can impound any vehicle where the driver has been arrested. The asset seizure part is something peculiar to your state and not something I am familiar with ... it's not that easy in CA.

Carl
 

ptlmejo

Member
Generally, the federal seizures that you're talking about only occur when the vehicle is being used for trafficking or selling.
 

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