Got Busted.. Here's My Story. What Can I Do?

[ArcticBlast]

Yesprop, that shit happens to my little bro all the time (some people get all the luck)

He has MULTIPLE stories of being pulled over (his car is like a mobile stashbox too, i've told him repeatedly to get the baggies/bowls/roaches/etc out, he laughs and says ok) and cops taking his stash, and smashing his bowl on the ground. Never gotten busted once, but meanwhile gets busted all the time, wtf??

I shit you not dude, you're fine! Unless you go to the kind of school that I went to that is all buddy-buddy with the local Police Department...then you might be fucked out of a quality education, but hey, i heard it's overrated anyway, so maybe the cops just did you a favor haha

In all seriousness, read a book
ArcticBlast

 

[Hovz]

Lawyer up, those pills are a felony. With some luck and a few grand cash, you'll be charged with a misdemeanor.

 

[Marcellas]

I talked to my lawyer and told her the whole story.. I told her I answered a few of the cops questions and she said I should've kept my mouth shut. I know I fucked that up but i can't change it. The reason I had so much on me was because I was staying over my friends house overnight, possibly a few days to go out and party (I JUST bought the 17 hydrocodones, 10 of them were actually for him but I didn't mention that at all).. It was St. Patty's day and i was prepared to party, about 2.5 grams of regular beaster (blunt weed) in one bag and 2grams of chronic in the pill bottle.. and the broken scale was only in my car because i was giving it to my friend, but only told cops its for personal use. i know it was stupid having so much shit on me but they honestly caught me on a bad day at the worst time, i never drive with that much shit on me

My lawyer said since they didn't give me a ticket or charge me with anything, shed give my police station a call and find out what was going on. She called the police station and they told her they had NO records of any citations on me or any drug charges because obviously i didnt get the charges yet. but at least the cops know i already have a lawyer involved.
.........She said to go to the police station tommorow morning as they told me, but to make sure i dont speak of the case at all. I'll make sure to tell the cops I can't say anything without my lawyer, like she said. My lawyers not coming with me because they told me I'll probably just get fingerprinted and processed and let go on an appearance ticket with no bail since i'm turning myself in. but i am bringing my father, just incase there is bail and i need him to bail me out. it will be embarrasing him watching me get fingerprinted and mugshots and stuff, but whatever..

ill be at the police station in 8 hours, ill let you know afterwards how it goes and what i get charged with. again, wish me luck.

 

[drow]

They immediatly asked me if I had any marijuana in my car. I know they didn't smell it because the shit I had was closed in an airtight pill bottle inside of a brown paper bag. I said "No sir." confidently and they asked again, "are you positive?". And I said "Yes sir, I wouldn't keep anything in my car."

Those pill bottles arent air tight. They permeate odor within a few hours. (Dogs will be able to smell right through that). Should of stuck with just yes, and no answers. I wouldnt keep anything in the car, means that you do participate in illegal activity but dont keep anything in the car.

Than the un-uniformed officer at my passenger window with the flashlight asks "What's in that bag?". I freaked a bit because I knew I was probably fucked. I replied "Just food and stuff." And slowly I started empting the bag (BIG mistake, I should have just left it.). But I knew I had a cookie and a couple CD's at the top of the bag to keep it stealth so I stupidly pulled out the cookie and a couple cd's. I than accidentally pulled out my digital scale, which is broken and I didn't know was in the bag.


He said "well well well what''s that for? and dont bullshit me neither.." I didn't lie, I said "I have it for personal use to check if I got ripped off." Than as I was going to grab the brown bag, the un-uniformed officer snatched it out of my hand and said "Give me that" like I was trying to hide the rest of the contents.. He pulled out the pill bottle and said "I knew I smelled something".

Yep, you just gave them probable cause, once they see the scale, and you dropping someone off late night in a closed place of business would probably fly as probable cause in court. Not to mention you just ADMITTED GUILT to being a drug user. Do not ever do that again if you value your freedom. Anything past this point, it wouldnt matter if the cops probed you with their maglite. It WILL fly in court. It would be worded to something like this:

Affidavit
"On so and so date and time, Officer noticed a <car description> entering a DMV parking lot past its hours of operation. Officer so and so observed defendant (last name) dropping Unknown suspect off at this location. Based on this officer's prior experience, Dark empty parking lots of business' which are closed are usually a meeting place of people involved in drug exchanges.

Upon reasonable suspicion, Officer so and so proceeded to identify himself and further question defendant. Upon walking towards the vehicle, officer noticed a distinct smell of marijuana. Officer then proceeded to ask what defendant was doing in this area. Defendant appeared nervous and intoxicated. Defendant replied that he was just leaving a friends house but Officer had just noticed defendant arriving in a vehicle not 5 minutes before the terry stop and dropping a unknown person off in the parking lot. Officer than noticed a brown paper bag. Based on prior experience and training, Brown paper bags are often used to carry drugs and money.

Defendant (LAST NAME) so and so proceeded to empty contents of a brown paper bag on his own accord and revealed a digital scale. Digital scales are often used by drug dealers to weigh amounts of narcotics. Officer so and so asked Defendant why he had the digital scale. Defendant replied, "I have it for personal use to check if I got ripped off". Defendant had just admitted to participating in an illegal drug sale(s) and routinely weighs his drugs "to check if he got ripped off". Based on prior experience, this officer now believes that the defendant was just involved in a recent drug transaction.

That right there would be probable cause. Now they can legally search your vehicle, find evidence and impound the car.
You just made it easier. If you kept your mouth shut, refused (politely as in something like "sorry officer, my dad is an attorney and he advised me not to consent to anything, and if you have any questions I can call my dad and you can talk to him etc...) a consent to search, and he still searched your car and found something, you MAY have it dismissed on a motion. But now you have 0 chance. I mean ZERO chance on a dismissal based on illegal search motion.
If you had refused, they *might* have sent a dog to sniff around your car. Since your "beasters" were not in an airtight container, they would have smelled it and got probable cause once again.

I know I had a pill bottle in the bag with about 2grams of super-high quality marijuana but there was no chance he smelled it because it was super airtight and I could never smell it before. I also had another bag with about 2.5grams of beasters in it which I know he couldn't smell because the weed had absolutely NO smell at all and was all dried out.

They never emptied my brown paper bag in front of me or anything so I never knew exactly what they found. They just pulled me out of the car and cuffed me as soon as they saw the scale. My rights were definatly NEVER read to me. They kept trying to get me to say there was something else in my car, saying "why wouldnt you be lying now if you lied about the weed in the first place?"

I replied, "I'm going to college and can't get in trouble and that's why I lied, but there's honestly nothing else in my car." They then searched my pocekts and took all my money ($77) because I spent alot that day and didn't know how much I had. Than they found my 17 hydrocodone pills which I had just purchased and were in a baggie. I told them I was taking them because I was just getting over the flu (completely true, I take them once in awhile recreationally but not often and they were really helping my flu).

They were convinced I was lying and had more drugs in my car and I knew I didn't because they got everything so I signed a "Consent to search form". While sitting in the back of the undercover car cuffed, I asked "How long am I going to be in jail? I really have been sick and can't miss anymore classes at college." They asked if somebody would bail me out tonight for $250 and I replied "probably not."

The drug dog came, searched my car and all it found was a weed-grinder with about 0.1grams of keif in it in my center console. I honestly didn't know it was there, I thought it was in my brown paper bag which they already took illegally from me and never even showed me what they found in it.

In the end, he let me go and said he'd be nice enough to call me while I'm on spring break for school to turn myself in for processing. I just got the phone call, he said be at the station at 9am or there would be a warrant out for my arrest and $500 bail.



........This is my first time ever getting arrested so I don't really know what to do. I know I need a really good lawyer, should I have him ready for thursday? I'm pretty sure that's when i have court, he told me to be at the station at 9am.

...I plan on changing my story from what I originally said for my benefit since they NEVER told me my rights when I got busted and never said "Whatever you say can and will be held against you in a court of law." I told them everything was mine for personal use when I got busted, but in court I'm going to say I drive a lot of college kids around and didn't even know the bag was in my car, it was somebody elses. Shit, they never even revealed to me what I was getting arrested for. I still don't even know if I was arrested or not!!

This isn't the complete story because I tried to shorten it a bit. But these undercovers definatly weren't just in busting me like this and I'm going to take them to hell in court. I will be sure to bring up the point that he grabbed the brown paper bag with the weed in it without my consent (even though it was in plain view), and NEVER read me my rights, in court.
........................ Any advice?? Would be greatly appreciated

I dont want to keep busting your balls, but WTF? Seriously... You dont know what you have in your car? You didnt know you had a million things that will land you in jail. Be careful man. Think of this; one day you might forget about, and get caught with a couple "leaves and soil" in your car and a judge might decide to sign a warrant on your house, your fucking house!

On some of your questions; let me answer them for you. Officers DO NOT have to tell you your miranda rights before arresting you or questioning you. Only after. and even then they dont if they dont want to. Miranda rights are: You have a right to remain silent. Anything you say can and will be used against you in the court of law. You may have your attorney present blah blah blah if you cannot afford blah blah blah. They did NOT arrest you when they put you in handcuffs. They had probable cause to SEARCH your vehicle. You were just merely "detained" for the time being. Had they not find anything in your car, you would have been released.

Grabbing the weed without consent. First of all after you spoke, you already gave them probable cause to search your vehicle, thus he can legally grab it and do whatever he wants. I bullshit you not.

That story with I drive alot of kids around and didnt know what was in the brown paper bag. You just TOLD them what was in the bag. Food remember? And the law states that Posession means just that. POSESSION. You had posession. Only way you MIGHT get off is if you were driving someone elses car (registered in someone elses name).

Oh and you weren't arrested just yet. They let you go and they didnt book you. You have what you call a suspicion of posession, pending charge, the DA didnt file charges yet. When the officer said come for booking. That is when you will be arrested, booked and probably released on OR. (Own recoganince) (Free bail). That will be a slap on the wrist. You have a 500 bail, which means theres probably only the misdemeanor posession charge. You will probably pay a fine, do community service and get informal probation. Maybe spend 1 or 2 days in jail. (The booking day is considered 1 day in jail fyi) Consider yourself lucky and take this as a child rearing and LEARN from it. UNLESS they decide to up your charges for that prescription drugs you had to a felony. or even give you posession with intent to sell. (felony) (and they CAN because you had a scale!!)

I seriously hope you learned from this. Always keep your game and lips tight. Heres another word of advise: Start taking narcotics anoynomous or the like. When you goto court (NOT the first date, but when they give you plea bargains or sentencing date) tell the judge youve been going to NA and this experience has opened up your eyes, etc... and an apology to the court (best to tell your lawyer something like this: This experience opened my eyes up. I do not want to head down this path. Ive seen how this has affected not only me, but my family and friends. I have started going to NA meetings to improve my life for the better (and you should go, it might really change your life). I am graduating in <date> and wish to become a <career>, but I want to be able to do that without a record.

 

[Yes4Prop215]

^^PROPS on that police report, thats EXACTLY what they write, everytime i asked to read my police reports, i was shocked at what the cops would write in there. They made me sound like an uncontrollable drug addict everytime.

 

[Yes4Prop215]

I shit you not dude, you're fine! Unless you go to the kind of school that I went to that is all buddy-buddy with the local Police Department...then you might be fucked out of a quality education, but hey, i heard it's overrated anyway, so maybe the cops just did you a favor haha

The high school i went to is sort of known for cops, alot of police familes went there.

One night me and my friend got the brilliant idea to break into the local bus yards (MUNI) down near pier 39 so we could hot box a bus. Really good idea rigth??? Not to mention my boy had stolen credit cards and a knife on him.

So sneak into the bus yards, find an open bus, and chill in the back smoking blunts. 3/4 ways through a bunch of lights flash everywhere, the cops storm the front of the bus. After the standard search and "WHAT THE FUCK ARE YOU GUYS DOING HERE", one of the cops realized what high school i went to..

"You went to *****high school??? I WENT TO ***** high school YOU LITTLE SHIT."

He called me all sorts of bad names and said i was an embarrassment to the school, and then he told us to get the fuck out the area and not come back.

Then we just walked back to our car, rolled another blunt, and walked to pier 39 and smoked by all the seals. Stupid high school days.

 

[ArcticBlast]

Dude i've got to move or something...am i in the wrong forum? are you guys in america?

if any of the stories above happened to me, i'd be writing this from inside of a prison thanks to some taxpayer project letting inmates use the computer and internet...

ArcticBlast

 

[79towncar]

HAHa Arctic. Marcellas.. Most of what you have just posted was exactly what I told you in my 1st post. I'm glad you have a lawyer and I hope the best. But alot of what happened to you could have and should have been avoided. I know you've been getting it pretty hard from everybody in here, so i'll be gentel It dosen't hurt to read through the security and legal section from time to time and see whats what, Alot of people totally forget about this section, until of coarse they catch a case themselves. The moral of the story, never ever admit guilt.. Even if your standing over a bloody body with a knife in your hand never admit it! Keep us posted and I wish you the best. If you have any other questions involving legal issues don't be afraid to PM me.

 

[Marcellas]

Just got back. I've never been in trouble or arrested for anything before. I now know that admitting to my knowledge of the possesion was my big mistake. When I got busted, I told the cops I knew I had the weed and the hydros on me, and me telling them that I knew about my possesion already got me in a lot of trouble.. What can I do about this now?

Anyways, I just got out of my arraignment. I was sentenced with "Unlawful Possesion of Marijuana" under Section 221.05 (knowingly and unlawfully possessing weed), and "Criminal Possesion of a Controlled Substance in the Seventh Degree" under section 220.03 (knowlingly and unlawfully possesing the controlled substance). I wish I knew before I got busted that "knowing" I was in possesion was the problem, I should've denied I knew about what I possessed..

During fingerprinting and mugshots and processing, the drug detective who pulled me over said he knew I was selling weed out of my house and this is a warning. They tried to get me to confirm I was trafficing marijuana and/or drugs, but I denied it said "I'm sorry, I can't speak without my lawyer present".
..... He said a few other things to that were less important. He gave me his card with his phone number incase I wanted to "supply them with the information on my supplier(s)", which would help out my case. I don't see how ratting somebody out would help me anyway if I got charged with both charges either way after processing. I told him I'd think about it (not!).

But I was released on my own recognizance with a $0 bail, to appear at court on April 9th for the unlawful marijuana possesion charge and criminal possession of a controlled substance charge. When receiving the charges, I pleaded "not guilty".

...........This is my first charge for anything, never been arrested or charged for anything at all before this.. What should I expect the penalties to be and what should I do at this point??? Besides talking with my lawyer, obviously.. Thanks again

 

[Marcellas]

Oh and by the way, I heard the officers talking about some other different kind of bust or sting opperation going on in the parking lot I got busted in.. I guess they were investigating some other problem and I was just in the wrong place at the wrong time and got busted for it. Great

 

[Marcellas]

and i forgot to mention, the possesion of hydrocodone charge was filed as a Class A Misdameanor on me. Ontop of the unlawful possesion of marijuana charge

 

[Weedman Herb]

At least you skipped out on the With Intent to Deliver (or however they word it in your jurisdiction) ... this is a good thing ... the scale (if it was functional or not) was what I thought could be the most damaging to your case. So is it 2 charges or a total of 3? (2 for the weed and 1 for the pills???)

 

[Weedman Herb]

The penalties for your state should be available at NORMLs site ... your lawyer will know as well ... ask them what you're facing. Chances are they will be giving you a holler shortly when the states Attorney makes you a Plea Offer (it's almost like Hold Em now ... you've got your cards and have called on the first round of betting ... now you're waiting for the Flop). You weren't "sentenced" that happens after a conviction or a Plea of Guilty ... you were indicted at your Preliminary Hearing on those charges ... and you entered a Plea of Not Guilty

 

[iGro4Me]

I thought you only lost your federal aid if you were convicted of a felony...

Not sure on the aid issue, but any type of possession charge on the record precludes one from many types of employment via a background check.

That's fvcked up man ....GL

EDIT:

I just went down further and saw your latest post....I would think with just the one charge or the other (not both) A.R.D. could have been an option, but with both charges it's iffy at best and so subjective depending on what type of DA you get. You're not going to jail obviously, more likely probation.....but the having a record part puts you in a precarious situation for the future.

I wish you the best man.

 

[Marcellas]

2 charges, one was a Class A misdeamenor for the possesion of a controlled substance (hydrocodones) and the other was for unlawful possesion of marijuana.. I looked up the Class A Misdeamenor charge on NORML and a few other sites and it seams as if the maximum penalty for that is up to 1 year jail time and/or a $1000 fine. This does not look good for me, I CANNOT go to jail and miss school and a new possible job I just got, and I'm completely broke for any fines. It was pretty obvious that I'm getting fined either way, I figured..

But the officers told me today that they've known I've been selling marijuana out of my house. They said it was just a warning, and I'd be in big trouble and my house raided or an unercover call me for a deal if I kept it up. I denied the accusation and said I can't speak without my lawyer but I've already changed my ways. They also said I was probably selling hydrocodone since I had so many (17?).. This is completlely untrue and I again denied it and said I can't talk without my lawyer..

.... I also spoke with my lawyer as soon as I got my charges.. I have a meeting set up with her for this tuesday, and i have court on april 9th. Is there any chance that I'll get my $77 back that they confiscated when I got busted in the first place??
....I'll definatly bring this up with my lawyer.. I'll also ask her about the reprocussions of ratting somebody out, although I highly doubt I'll do this. Best to talk to my lawyer about it first and everything else.

But I'm in New York State and was charged with a Class A Misdameanor for knowingly possesing a controlled substance and another charge for unlawful possesion of marijuana. Any other advice is greatly appreciated as this is my first experience with the legal process, thanks again guys..

All feedback, no matter how harsh you guys are on me, is greatly appreciated.. I know I made a stupid mistake and mistakes like these give us stoners a bad name. Wish me luck on my court date

 

[omenman]

idk man 4 to 5 grams of weed doesnt sound like shit to me..in my state ...under a half ounce is like a 100 dollar fine in ny u can have less then 24 grams on you and its a civil cition...you are more fucked with the pills..however..yuea you dont have to say shit to the cops..just be polite and just stay you have to leave..or if your not charging me with anything then i owuld liketo go to home to soo i can get up early for class..

 

[drow]

2 charges, one was a Class A misdeamenor for the possesion of a controlled substance (hydrocodones) and the other was for unlawful possesion of marijuana.. I looked up the Class A Misdeamenor charge on NORML and a few other sites and it seams as if the maximum penalty for that is up to 1 year jail time and/or a $1000 fine. This does not look good for me, I CANNOT go to jail and miss school and a new possible job I just got, and I'm completely broke for any fines. It was pretty obvious that I'm getting fined either way, I figured..

But the officers told me today that they've known I've been selling marijuana out of my house. They said it was just a warning, and I'd be in big trouble and my house raided or an unercover call me for a deal if I kept it up. I denied the accusation and said I can't speak without my lawyer but I've already changed my ways. They also said I was probably selling hydrocodone since I had so many (17?).. This is completlely untrue and I again denied it and said I can't talk without my lawyer..

.... I also spoke with my lawyer as soon as I got my charges.. I have a meeting set up with her for this tuesday, and i have court on april 9th. Is there any chance that I'll get my $77 back that they confiscated when I got busted in the first place??
....I'll definatly bring this up with my lawyer.. I'll also ask her about the reprocussions of ratting somebody out, although I highly doubt I'll do this. Best to talk to my lawyer about it first and everything else.

But I'm in New York State and was charged with a Class A Misdameanor for knowingly possesing a controlled substance and another charge for unlawful possesion of marijuana. Any other advice is greatly appreciated as this is my first experience with the legal process, thanks again guys..

All feedback, no matter how harsh you guys are on me, is greatly appreciated.. I know I made a stupid mistake and mistakes like these give us stoners a bad name. Wish me luck on my court date

Like I said you got lucky. 2 Misdemeanors. They will probably give you a plea bargain of pleading to 1 misdemeanor, fines, community service and 1-3 years INFORMAL probation. (Which means you wont have a Probation officer BUT will have a 4th waiver (4th waiver is basically waiving your 4th amendment rights to any peace officer, they CAN and will search anything you own/reside in without a search warrant)). For instance you get pulled over, they run your shit and youre on probation. They can search your car just because they feel like it.

This will all probably take a couple months in court, maybe 4-8 court dates. And I highly dont suggest you "rat" on someone. Seriously, if youre even thinking about it, dont. What have they done to you? Dont do the crime if you cant do the time.

Its not their fault youre in this mess, its your own fault. They didnt force you to buy anything, only provided a service to people who want it, even say they helped YOU OUT.
Snitching them out is a cowards way out. Not only that, you might be facing some type of repercussions. Dont forget you will forever be labeled as a snitch. If you incidently get involved with another arrest in the future, and goto jail, be prepared to get served justice if you have that label on.

These days most people seem to believe "snitching" someone out is a act of duty. Buts thats far from the truth. Ever watched Scent of a Woman with Al Pacino? Beautiful movie. Honor, Courage, and Ethics have EVERYTHING TO DO with NOT SNITCHING. Dont make a second stupid mistake and go down this path.

BTW You most likely WONT get the 77 bucks back because it was seized during a drug arrest.

 

[crankndapot]

i just read through 1st page of posts.
looks like the worst of it is the hydrocodones and the diggy.. hopefully you didnt have any remnants of coke or anything else on that scale.
i cant see you going to jail for this. if its your 1st offense, then i bet u get SIS, basically do community service/pay fine in leu of jail.

good luck keeping your financial aid, hopefully its in a different jurisdiction so your school might not find out.

whenever i got busted at school, them pigs sent everything straight to my dean.. the whole police report and everythin, its like cmon guys what the hell, tryin to ruin my education too?

lawyer up.

 

[crankndapot]

your considerin snitchin over a couple misdemeanors??

 

[Marcellas]

whoa whoa whoa, who said i was ever considering snitching?? i was just telling you guys that they wanted me to snitch somebody out and how they wanted me to go about doing it.. i would never even consider doing the deed and putting somebody else in my world of shit..

as for my money, ill be talking to my lawyer about it but i really hope i get it back