...after it's been confiscated?

Firstly, I'm in the US specifically Indiana. I got pulled over because I was supposedly speeding and my license plate light was out. I was forced to get out of my car because he supposedly smelled weed. He had a fucking drug dog come out and dig through my damn car.

After about 5 minutes of searching he pulls out this half empty pop can with ashes on the top of it. He cut it open and somehow managed to find a roach that was meshed in with soggy tobacco.

I have no fucking clue how that shit got there. I've never smoked my car out because I can't afford to lose it. He made this big long speech about how I have to help him catch my dealer or he'll charge me with it by noon tomorrow.

This was Sunday night. I'm not really sure what to do now. I'm now in risk of losing my college career because my grants will vanish if I get convicted.

Can he seriously still charge me with something that is no longer in my possession or is he just bullshitting me?

1) Get an attorney. Not sometime later on... NOW !!! Many of them will give a free initial consultation. Don't be bashfull about checking more than one, or even a few out. But be careful about picking the one who gives you promises of a free ride to 'no consequences'; you most often get what you pay for. Ask yourself: is few hundred, or even a few grand worth your freedom?

2) With regard to the timing: Yes... they can file charges any time from the discovery of a crime up until the Statues of Limitations have expired. Not 100% sure in your particular jurisdiction, but in the majority that is two years for misdemeanors, four years for felonies, and no limit at all to capital felonies (murder, rape and such).

side note: the reason that I did not bring up the statue of limitations (SOL) aspect with the eggschick issue about the carriage infraction was because it was a matter of four days and she (her SWIM) was because, well duh, it was four days, and she had a much better case arguing the statutory law rather than a SOL defense.

3) You are otherwise screwed. Assuming you were alone in the car, you had complete and sole "care, custody and control" of the vehicle and all of its contents. If they found any quantity or even residue of an illicit substance, you were in posession of said material. It really does not matter if that substance was, in your opinion, suitabe for sale, distribution or even personal use.

It does not matter that the law sucks. The only thing that matters is that the law is the law.

4) As mentioned in 1) above... get an attorney.


5) through 999) DO NOT, under ANY circumstances speak again to the law (cops) about turning snitch on them, or any other thing, most importanty about who your dealer is without speaking with an attorney.

protip: Tell them who sold you the dope and they have your confession that you had, and knew you had, the dope.

Get it?

Good, now get a lawyer.

Good luck.

Do you live in Indiana now, Kink? We should hang out.

phmeworp seems to have it right; you're going to be arrested. You want me to visit you if you get jailtime?

Thanks Phmeworp.... Well, I guess I'll just see how it turns out. I'm broke and in a little bit of debt with no job so I don't really have a choice.

The shit part about it is that it wasn't even mine. Well fuck...:o

In many cases, even if you do not have any $$$ you can get a free 'initail consultation' with a criminal attorney. He can answer, better than I, basic questions about your rights and the legal process.

If/when you are arrested, the first thing they will do is Mirandise you (read you your rights). Listen and stricty obey that first one: "You have the right to remain silent" DO IT !!! Keep your mouth shut.

Also pay close attention to that part about: "If you cannot afford an attorney, one will be appointed to you at no cost." Yeah, public defenders are not exactly renowned for their great prowess in the courtroom, but they can't charge you a penny.

Again... mouth shut with the law and good luck!

......

I didn't know there were statues of limitation...

I don't give legal advice but if I were you I wouldn't hire an attorney right away. Firstly, you won't be able to utilize him unless you are charged. Furthermore, you should see what public defender they appoint you and check his credibility.

Funny story:
My friends dad is a very respected attorney who works for the state pro bono. About a year ago he came home and told me about how the state appointed him to take care of some old black lady. She made it clear to him that she was going to hire a "real" attorney. Funny thing is she couldn't afford him if she took a second mortgage on her house

lol owned. You can still get in trouble. They saw it, it was there you're retarded and you're fucked. Why dont you have an attorney? Get with the program.

- :cool: peace out

Thank god i dont live in the states
For getting popped with a roach and possible jail time

greatest nation in the world huh

this is truly pathetic that your cops would have nothing better to do then give you charges for a roach .

Thank god i dont live in the states
For getting popped with a roach and possible jail time

greatest nation in the world huh

this is truly pathetic that your cops would have nothing better to do then give you charges for a roach .

No what is more pathetic is that our cops are SUPPOSED to being doing these things, maybe you forgot but there is a "war" on drugs here in America. Its really sad that they believe in what they are doing and many employed specifically to "combat" drugs. I think its time that the patriots (Drug users) take up arms and start shooting back, just like the government does to them.

Did he write you a citation? Did he even take the roach with him?
Even if he took the roach he has to get it tested for Marijuana and im sure that roach has been soaking up that tobacco for awhile. Also he can't file charges against you, but the District Attorney can. (DA) And i really think he isn't going to bother with you.


I looked up Indian's Marijuana laws; not sure how good the source is:

The possession of 30 grams or less of cannabis is a misdemeanor punishable by up to one year imprisonment and a fine of up to $5,000. For first time offenders, the court might consider a conditional discharge. For possession of over 30 grams, the sentences range from 6 months - 3 years in prison and a fine of up to $10,000.

Source: http://www.marijuanaaddictiontreatment.com/indiana-laws.html