Arrested tonight... story and possible help/info?

[pinkfloydian1]

I suppose I should explain the story.

We were driving down the road, no one was under the influance of anything. Alcohol, marijuana ... nothing. We got pulled over, passanger had all the cannabis under their seat. Cops pulled out the driver, passanger than me. Didn't Find anything on any one, asked the passanger where the marijuana was, passanger showed him. In the station the driver and I were supposedly both being charged with possesion too even though the passanger admitted that the driver and I had no clue about it being there and claimed responsibility on all illegal substances. Total pot amount: 9 grams. 1 Pipe with resin. New Jersey this took place.


any help?

jon

[Captain Hanks]

you can guys shouldn't be harrassed i know that, the man who addmitted and is taking the blam yes, not you guys

[pinkfloydian1]

What do you mean?

[birdgirl73]

PinkFloydian, if I may let me ask you a couple of questions. How old are you and the others? And have you spoken to an attorney yet?

[birdgirl73]

And has anyone been arraigned yet? I need to know that.

[birdgirl73]

Arraigned is where a judge reads you the charge and you enter a plea, by the way . . . . I'm trying to determine if you and the other non-possessing guy have yet been charged with anything?

[IanCurtisWishlist]

get a damned good attorney. chances are the police charged you both because they didn't know exactly WHO to charge--they figure it'll be settled in court, by the probation dept, or the D.A.

if he has confessed to the weed, and you said it wasn't yours... i'd say you have a very good chance of getting off the hook. not to give you false hope. but i'm sure the new jersey courts have bigger fish to fry.

[Inferius]

Why were you pulled over in the first place?
Did you consent to a search?? If you weren't under the influence, no smell or anything, then how did they find the pot???

[UberDoobie]

Why were you pulled over in the first place?
Did you consent to a search?? If you weren't under the influence, no smell or anything, then how did they find the pot???

That's what I'm wondering. The police should have had no reason to search your car unless you litterally told them they had reason to. Knowing and proving are two different things thanks to the fourth ammendment, and can keep you very safe.

[smoky mcpot 05]

as long as your still have the friend that admitted that it was his, the judge wont charge you with anything.

[pinkfloydian1]

All are minors. We were pulled over for supposedly swerving or something along those lines. There was no swerving however. Then Driver denied search and all as did I but the other guy was nervous i take it and just showed him it. That is how it got searched. Driver and I know the laws and would never consent but the other guy just was stupid.

[mendokid]

'nemo tenetur seipsum accusare,'' that ''no man is bound to accuse himself.''

There was no reason to supply the officer the evidence upon request. Donâ??t ever be rude to a peace officer but donâ??t do their work for them either. After all we DO need them to protect us from â??Realâ?� criminals.

Yes it was real stupid to give it up but not all together unforgivable. You live you learn and I imagine unless this is a life wrecking event, it may be a useful lesson.

Fifth Amendment - Rights of Persons
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[pinkfloydian1]

yes i am 100% aware of the 5th amendment. however the other person who gave up the spot was not and was dumb. its already happend so nothing can be done now.

[Aristotle]

Sorry, but I have to ask. Are you black?

You're either lying when you said you didn't swerve or the cop just saw something such as, and just said you swerved for a valid reason to pull you over:
1) A lot of cigarette smoke. If the windows were up and a couple of you were smoking, a police officer might go after you in hopes you do have marijuana or beer in the car. Teens plus cigarette smoke may just entice a very bored cop to pull you over. Driving a shitty car doesn't help this matter, but I've seen it happen most prevalently in areas with a bunch of hicks.
2) Stoner look, loud music, no muffler. If you all have greasy long hair, 3 people in a car, possibly no shirts, etc, and again, one of you smoking anything, may entice a cop to pull you over.
3) You're black
4) You're a dumbass and really did do something stupid to get pulled over.
4) MAYBE the cop's eyes played tricks on him.

But anyways, you have absolutely nothing to be worried about. My friend got caught with possession and paraphanelia a week or two ago. He frisked us and found only stuff on him, he immediately let me go. You and you friends will get off, but the driver will get a license suspension and around a 150 or 200 dollar fine. Judge and cop have no evidence or even anything to lean on in hopes of booking you for possession.

[pinkfloydian1]

no we are not black. the driver got a summons on the spot but the passanger and I have not recieved anything. We werent smoking cigs, werent acting sketchy. as i said he must have been bored and he must have thought why not just see what happens when i pull over this car with a dead sticker on the back. Since we are minors where can one go to have the charges changed if the convicted one wants to say the other stuff was his?