• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pretext..? get case dismissed, Cop lied and with held info

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

#16
I'd be surprised that the officers would want to lie about colluding to make the stop. It's done all the time and a pretext stop is not at all illegal. If there is a valid reason for the stop, and the subjective reason is job-related (i.e. not to find a date or to illegally harass someone), the stop is valid. It certainly is curious that one or both of them might generate a report denying some form of prior communication, but, it will be their testimony that will likely be the issue. Your attorney can raise the discrepancy to try and raise an issue of reasonable doubt through truthfulness, but, it might be easily explained. So, be prepared.

And, is your friend willing to jump on the grenade for you and lay claim to the marijuana?
yes he is willing to admit it was his.
also he isn’t a friend of mine. He is a friend of one of my kids and called me hammered asking for a ride. I got up and gave him one. While they were searching he even admitted he smokes and that i don’t & I don’t .
I bought the car from him as a temp car a few months prior to this and it was never cleaned out completely & i never did clean under seats or detailed it as it was winter, a temp/winter car. plus i have had a back fusion where bending is extremely difficult plus i could not shove it under seat from inside the car. i I have also been a part of trial meds where i have been drug tested in the last 6mths/yr to be part of the trials and the test was negative... I am losing faith in police though. Especially after seeing that the officer flat out lied on his report and they behaved. I guess they are ppl too but when they are on duty they should be doing the right thing.
 


quincy

Senior Member
#17
yes he is willing to admit it was his.
also he isn’t a friend of mine. He is a friend of one of my kids and called me hammered asking for a ride. I got up and gave him one. While they were searching he even admitted he smokes and that i don’t & I don’t .
I bought the car from him as a temp car a few months prior to this and it was never cleaned out completely & i never did clean under seats or detailed it as it was winter, a temp/winter car. plus i have had a back fusion where bending is extremely difficult plus i could not shove it under seat from inside the car. i I have also been a part of trial meds where i have been drug tested in the last 6mths/yr to be part of the trials and the test was negative... I am losing faith in police though. Especially after seeing that the officer flat out lied on his report and they behaved. I guess they are ppl too but when they are on duty they should be doing the right thing.
Thank you for the additional information.

It appears you have a good argument against the charge. You should find an attorney who can work with the prosecutor to see if the charge can be reduced or dismissed.

Good luck.
 

CdwJava

Senior Member
#18
Keep in mind that possession is not a crime of ownership or use. While I agree that you seem to have a good argument that you may not have known of the presence of the drugs, there will be a presumption that you did since it was in your car and the car had apparently been in your possession for some time. If the other guy wants to jump on the grenade and confess to the drugs being his and that he stashed them in the car prior to your taking possession of it, then that's on him and could allow you to walk away.

Your attorney will know how best to leverage this. And, they'd better work quickly before your friend chickens out and decides he doesn't want to risk jail.
 
Sponsored Ad

Top