Got arrested, Misdemeanor

[Twista89]

Ok Sunday night I got arrested for having 5 grams of weed. I stayed the night in jail and got out the next morning but I have some questions. First the officers arrested me on bull because the weed was not found on my possession. It was found on the floor and because they said it was closest to me its considered mine and that was the reason they arrested me. Now Im trying to learn my laws for when I go to court because this is getting thrown out. Can they arrest me if weed is not found on my body or in my hands??? It was 7 of us in a room in my friends brand new apartment and they all know were the weed was so I have witnesses. Also the reason why the cops came in the apartment was because my friend just got it and someone called the cops saying we were trespassing because no one was in the apartment before. They came in and found the weed no warrant no probable cause because we werent smoking, we didnt smell like weed or didnt look high and the apartment reeked of fresh paint so you couldnt smell weed either. The only way I can see them winning is because my friends mom was the one on the lease and she wasnt home but that shouldnt matter right? This is my first time getting arrested so I was wondering what are my options. If I get this case thrown out does that mean the Misdemeanor is gone and the 1 arrest on my record?? Will I be clean of all points and will they get rid of my newly aquired number for getting arrested?

[jsn9333]

You need to find a lawyer familiar with the laws in your state. Typically, in most states, everyone in the room could be charged because they all could see the weed and did not take action to distance themselves from it. And the charges would usually stick. I think it is called "constructive possession" if I remember from my crim law course correctly. I'm heading into patent law, so I don't focus on criminal issues often.

Often cops won't charge everyone, but either just the owner of the house or (in your case) the person closest to it.

The only thing I can see you being able to say is that the cops didn't have permission to enter. If that is the case, they can't charge you with anything because it was an unreasonable search and seizure. Did anyone tell them they could come in? If they saw the weed on the floor through the open door, they can come in regardless... but otherwise, unless they said they smelled marijuana or something, they had no right to enter the apartment.

Again, you need to find a good criminal defense lawyer with a good number of years of experience in the laws of your state. It is worth the money... trust me, he can get you off completely or at least get it to where you don't have a criminal record. These things can stick with you for the rest of your life, fucking you all along the way.


Ok Sunday night I got arrested for having 5 grams of weed. I stayed the night in jail and got out the next morning but I have some questions. First the officers arrested me on bull because the weed was not found on my possession. It was found on the floor and because they said it was closest to me its considered mine and that was the reason they arrested me. Now Im trying to learn my laws for when I go to court because this is getting thrown out. Can they arrest me if weed is not found on my body or in my hands??? It was 7 of us in a room in my friends brand new apartment and they all know were the weed was so I have witnesses. Also the reason why the cops came in the apartment was because my friend just got it and someone called the cops saying we were trespassing because no one was in the apartment before. They came in and found the weed no warrant no probable cause because we werent smoking, we didnt smell like weed or didnt look high and the apartment reeked of fresh paint so you couldnt smell weed either. The only way I can see them winning is because my friends mom was the one on the lease and she wasnt home but that shouldnt matter right? This is my first time getting arrested so I was wondering what are my options. If I get this case thrown out does that mean the Misdemeanor is gone and the 1 arrest on my record?? Will I be clean of all points and will they get rid of my newly aquired number for getting arrested?

[Twista89]

No they didnt have permission to enter. My friend who was at the door said the cops got in because the janitor had opened the door for them and pushed him out the way. They then came into the back room and told us to stop moving. This room was closed off so they couldnt see any weed or anything when they first came in the door. Fresh paint odor was all in the air so they couldnt smell weed either. They had no clue we had weed until they came into the back room and found us.
Also the call they received was trespassing so they thought we were all trespassing in the apartment it wasnt even a drug call or anything related to that. If I get a copy of the lease can that help get it thrown out?

[FakeBoobsRule]

Jsn, are you pre law or in law school or what?

Twista, how long had your freind's mom started leasing the apartment? Was anyone living in it or was it empty? How old are you and your friend? What is the start date on the lease? Who all was working for the apartment company? In other words do they have a live in manager or a 24 hour emergency line or a contact number. Does the janitor live there (the complex, not your apartment)?

[Twista89]

I dont have most of that info on me yet but Im guessing it started before sunday because he was moving all there stuff in and had the keys already. No one was living it in before and me and my friend are both 18. I believe there is a live in manager and I believe the janitor lives there to.

[jsn9333]

Jsn, are you pre law or in law school or what?


I'm currently in law school.

[FakeBoobsRule]

JSN, the smell of marijuana alone isn't probable cause to enter a home without a warrant. See Johnson v US (1948) and Taylor v US (1932).

Twista, it seems that the janitor holds the key to your future, not only that night with the actual key but what he knew and said to the police officer. Your friend's rights as a leaser of an apartment vary from state to state and I believe in some states maintainance or other workers or management are not allowed to unlock the door for police offices without a warrant.

Depending on your state laws, here's why he holds the key. Did he know that although the apartment was empty for some time it just finally got rented out and a lease had been signed? Did he tell the police officer this or did he think it was still unleased and told the officer it was unleased? What did the officer do to find out if it should have been empty or occupied? Although it is just a misdemeanor and the prosecutor may not put that much effort into it you should, well your lawyer should. Maybe the janitor told him someone just signed the lease 2 days before and the cop told him to open it anyway. Maybe he really thought it was empty and told the cop this and the cop was acting on good faith. Things you need to find out.

The fact you were in a back bedroom with the door closed really doesn't seem to help your case much. If he had the right to enter the apartment or thought he did have the right, I doubt all 7 of you were as quiet as mice back there. He enters the location and if the judge finds he did so legally then chances are the judge is going to say it was reasonable for him to perform a limited search, if nothing else for his safety. He hears a bunch of people behind a closed door that what he thought shouldn't be there then how does he know the door isn't going to fly open with guns blazing. Once he opens the door, he's going to say that the marijuana that was on the floor was in plain view and if at this point what he has done hasn't been ruled illegal, then chances are anything after opening the bedroom door is going to be admissible.

If your lawyer started trying to push forward and trying to suppress evidence and filing a motion for discovery and deposing the police officer, the state may find it is too much trouble to prosecute and may offer you some deal. They almost always offer deals but you may be able to push yourself into a really good deal for such a headache of a case. Talk to the janitor and maybe he'll clue you in to what was said between him and the cop.

[jsn9333]

JSN, the smell of marijuana alone isn't probable cause to enter a home without a warrant. See Johnson v US (1948) and Taylor v US (1932).


I know for a fact most states allow the search of cars on the smell alone. I'm not as sure about homes. Maybe homes probably require a warrant... but the warrant can be had gotten on smell. Something like that... I don't know... like I said, I'm heading toward patent law.

He needs to get a lawyer in his state, that much I know for sure. He should not rest his future in the hands of random people like me on a message board. A lawyer may be able to get it tossed, or at the very least could certainly likely plea down and perhaps get his record kept clean.

[Twista89]

The initial call was for trespassing and my friends girlfriend was downstairs and she saw the janitor greet the cops so Im guessing he was the one calling and he told them we were trespassing. My friend was standing in the living room and he told me that the cops knocked on the door and when he started to head towards it he seen the janitor open the door and they barged in. He said the cops told him to put his hands up and he said what is the problem officer? and they just pushed him out the way and came to the back because yea we were making alot of noise which is most likely the reason the janitor called the cops in the first place. The room we was in didnt have a door so they seen what was going on right when they came to our room and we didnt have time to even make a single move...guns already drawn :(

[Readytoride08]

He prolly had wind you was smoking janitors are nosey and he prolly waited for you and friends to come over to call the police.Man look you can get this turn out becuase the courts just want your money man.The worst you'll get is probley good behavior(with no record) and if you are under 24 in most states you can get youful offender.Just don't make any statements and don't admit to anything!Deny you knew it was there.

[zeitgeist]

yep pretty much your only option is to get a lawyer and try to get community service or someother lesser charge

[soimzach]

I was actually arrested for possession of marijuana under 2 oz less than 3 weeks ago (I live in Texas). My 3 friends and I were in my friend's car, and since none of us admitted the weed was ours- they charged all of us with it.

Did you in any way incriminate yourself? This is very important (my 3 friends all admitted to having smoked some of the weed- while I plead the fifth- and now they have no choice but to go on probation for 12 months, take 6 random drug tests, and pay for drug awareness classes). If you have in no way incriminated yourself with the weed- it was just closer to you than to everyone else- then you have the possibility of getting the case dismissed, although you need to plan on paying $1000-$2000 for a lawyer.

I'd advise you to start looking for a lawyer in the city/district/county you were arrested, since they'll know all the DAs and judges. Getting a lawyer is a must- you don't want this to end up on your record. I ended up paying $1350 for mine.

In the meantime, I know this sucks, but you should probably get clean. It'll be very important for you to pass a drug test soon if your lawyer is unable to get the DA to dismiss the case right off the bat, and then you'll need to decide whether you want to spend the money to go to court or spend your money to go down the path of deferred adjudication- the 12 months of probation, classes, etc. (The addition fee for going to court is going to be steeper, but if your lawyer wins, there's no drug tests, probabtion, classes, etc.)

Hope everything works out for you, man.

[Twista89]

Well I honestly think and hope that this case is going to get thrown out. Alot of people have gone through shit like this I know and there cases just got thrown out mainly because it was just bullshit and it was there first like mine. Besides we have the lease papers to that apartment, we didnt let the cops in the opened the doors themselves without a warrant and seen us. They thought we were treespassing, but we werent...

[bigfatpothead]

Go check out google
and search for Brothers for mercy
and use our bill of particulars.


Rev. Roland A. Duby
Bill of Particulars and Special appearance (http://www.brothersformercy.org)

[jsn9333]

I would ignore any advice from Rev. Duby if I were you. He may be well intentioned, but his advice will do nothing but waste your time.

He's basically saying that the state courts have no right to prosecute religious use of cannabis, and he is giving you some fancy documents to provide to the prosecutor to make him clarify that right to you before you plea.

The courts have consistently held State's do have the right to prosecute cannabis use, even religious use. Federal charges would be different (there is federal law protecting proven religious drug use)... but don't waste your time with this stuff on state charges... *especially* without a lawyer who can help you build a quality "religious basis" case with knowledge of the legal precedents specific to your state.




Go check out google
and search for Brothers for mercy
and use our bill of particulars.


Rev. Roland A. Duby
Bill of Particulars and Special appearance (http://www.brothersformercy.org)