--- the story---

Me and a friend come from a party, we're sitting at a park bench (after hours) just waiting until we sober up. A cop pulls up and comes up to us, he handcuffs us and then proceeds to put us both into different police vehicles, he then searches my car (must have had probable cause I suppose) and finds a small 5$ bag of marijuana in the center console. So, he charges me and my friend both with a possession of Marijuana and also a Public intoxication charge. He then proceeds to impound my car and haul us both off to the "tank", we spend about 4 hours there and are then transfered to county jail where we spend a good 12 hours in holding because they're "backed up" and such and couldn't release us in the 2 hours that they told my parents I would be released in. 12 hours later I am finally released. I really don't want this Possession of Marijuana charge, I know it was my fault for having it in the car, but it was such a small amount, there has to be something I can do. I am 21 years old and my friend is 19. Also, no breathalyzer was ever given to either of us. I never gave consent to search my car either, but I suppose being on the park grounds after hours was a good enough reason. (my car was about 30 or so feet away from where we were sitting)

Should I bother consulting a lawyer? I'm going to consult one tomorrow most likely anyways, but I thought I'd ask you guys for your opinion on the matter.

I consulted another friendly officer in another state about this and he had this to say:


" By paying the fines, you are admitting guilt to a criminal charge. That will remain on record for life. Any time you are questioned in regard to a job or application for a professional license or security clearance you will forced to admit that you were arrested and convicted.

I would bet you were in the park "after hours" which is likely an arrestable offense. You were arrested under that charge and your vehicle was searched incident to arrest, even though he werent in the vehicle, he had used it to get there and would likely use it to leave and have constructive control of the vehicle therefore under Belton and its progeny. "

YES! YES! YES! see a lawyer. You should have asked for one the second you were arrested.

Did you or your friend admit anything to the cop? If not, then you're pretty much good on the drinking charge..if they gave you no breathalyzer or anything, it should get dropped as there is no evidence other than the cops word...but hey, if you have a lweyer, it should get dropped.

if its your first posession charge with a relativly clean record and only .5 gram, then your lawyer will probably get you some supervision maybe a fine as well..but after all that, the charge should be "dropped." dunno though..just talk to a lawyer, he'll be able to help you more than any of us :)

How the fuck could you be so stupid? Did the weed eat away half your brain or was it the alcohol cluttering your neurotransmitters?

Dropping dead drunk in a park with illegal substances in your CAR? WTF were you thinking? WERE you thinking? You stupid ass ..... you deserve to go to jail. Man, I can get so frustrated about dumbass guys getting caught in dumbass ways because they're just plain dumbass.

OK, here are a few questions:

1) Confessed?
a. no (Go to 2)
b yes (Get laywer/your fucked)

2) Was the car locked?
a. no (Go to 3)
b. yes (Get laywer/your fucked)

3) Have you touched the packaging the weed was in?
a. no (Go to 4)
b. yes (Go to 4)

4. Tell the cops the weed isn't yours. They will ask you how it got in your car. Tell them you forgot to lock it and someone must have put it there. If you have touched the bag, just playalong and they MIGHT not test for fingerprints.

a. I've told them this story, now what? Get lawyer, stick by story.
b. I've told them this story but they matched my fingerprints, now what? (Get lawyer, your fucked)


Get a lawyer ffs