Got Arrested For Possession, Need Help Please

[MikeGfilms]

I got pulled over by Highway Patrol the other day with my roomate on the way home for my window tint, The cop smelled weed in the car and did a search and found 5 grams and some beer in a cooler we had (but hadnt been drinking in the car) and it was both ours (both charged with possession). Then In my trunk i forgot I had a friends 2 vials of test e, one of which was half used. I got the possession charge for it, which is a felony. I was bailed out later that night from the jail. This was my first time ever being arrested or charged with anything. Now the test was a friends of mine who i was giving it back too, He was just recently dropped from the Marines because he had a Steroid possession charge along with weed as well. So i come here to ask for help and any guidance. I am using an attorney our family is good friends with but have yet to speak with him (This happened yesterday). Also, there were not any needles in the car.

Any help is appreciated, Thanks a lot.

 

[Rodja]

Look into your states history of prosecution in these kinds of cases.

 

[Jasen]

Well from what i hear they might not go after test since punishment is rare and easy I.e. community service. But don't quote me. Can u keep us updated on every single step im curious. Also what state? Id be worried about the weed though. If the cop made a mistake in his search process I belive u can get it thrown out, main thing be honest 100% with lawyer they have to keep secrets anything may help them

 

[MikeGfilms]

Thanks guys. Im in Florida. Idk about the test though, I mean it is considered a felony. But hey, the more good news i can hear the better lol. Idk if the cop mad any mistakes he seemed like he didnt know what he was doing really, but tried to do everything by the book.

 

[onemind1body]

Does Florida have something similar to CA's prop 36/ pc1000 program for first time drug offenders. If so, go that route. You plead no contest, to all charges, you do a 8 month once every two weeks class, and in 18 months if you don't get arrested for anything else drug related, the charges are dropped. You can only use this once however . Good luck

 

[MikeGfilms]

Im not sure Id have to ask my lawyer, but Ill look into it thanks man. It sounds like a good route, I mean even if the Test charges get dropped Ill prolly be given probation for the weed, And being in college, the Curfew and everything else is really going to suck. Drug tests wont be a problem, just the curfew and such.

 

[rebelhead]

ya man, ur really gonna have to check ur state laws. i'm in MS and here anything under 28 grams of weed is a $100 fine. i'm suprised the cops didn't want the test for themselves. u may get lucky and the evidence gets "lost".

 

[Jasen]

Bro just write everything down u recall from being pulled over until end of night. Be very carefully recall everything! Chances r they F something up

 

[onemind1body]

Your lawyer , if he is good, should be able to get you out of any curfew type stuff, or perhaps substitute it with the DA for another type of sanctioning. I just got out of college myself, and had a lot of friends get hit with crazy possession charges like a party getting busted and
4 different drugs in the house, all separate felony charges etc etc. He can say like more frequent drug testing or a few hours community service in place of he curfew . That kind of thing. If he makes it easy on the
Da, they will be extremely lenient on the specifics of probation.

 

[onemind1body]

More specifically , ask your lawyer about any drug diversion programs Florida may have. Especially if they are unwilling to drop the steroid charge

 

[EasyEJL]

I would talk with your lawyer after the prosecutor has specified what you are being charged with, and probably go for a no contest (nolo contendre) plea arrangement. You'll do probation that way, but no jail time, and its easier to get expunged after probation is over. If you've never heard of it before, its basically you agreeing you won't plead innocent, and the state agreeing they won't find you guilty. Saves the state money, and first time offenders and non-distribution offenders they usually go for it with no hassles.

 

[MikeGfilms]

Thanks again. Ill check with the lawyer either today or tomorrow about some of the options I have and let everyone on here know. In FL, over 20 grams of weed is a felony, but we only had 5. The Test is a felony, punishable by up to 5 years, and or a $1000 fine. The bad part is they can charge you an extra account for each ml, so If they wanted to they could get me for about 15 counts of possession (HIGHLY doubt they will though). Im thinking once i explain everything and they see that my friend just got kicked out of the marines for the possession charge, theyll believe me and throw it out (hopefully). Now idk about the ordeal with the weed and alcohol though, Im hoping probation for like 6 months (at the most lol) and maybe some drug classes or something.

 

[Jasen]

This it the thing, u tell them about ur buddy they will say why r u still carrying test, why had u not thrown it into garbage. But like I said I doubt they will.go after u for test....

 

[EasyEJL]

Thanks again. Ill check with the lawyer either today or tomorrow about some of the options I have and let everyone on here know. In FL, over 20 grams of weed is a felony, but we only had 5. The Test is a felony, punishable by up to 5 years, and or a $1000 fine. The bad part is they can charge you an extra account for each ml, so If they wanted to they could get me for about 15 counts of possession (HIGHLY doubt they will though). Im thinking once i explain everything and they see that my friend just got kicked out of the marines for the possession charge, theyll believe me and throw it out (hopefully). Now idk about the ordeal with the weed and alcohol though, Im hoping probation for like 6 months (at the most lol) and maybe some drug classes or something.

This it the thing, u tell them about ur buddy they will say why r u still carrying test, why had u not thrown it into garbage. But like I said I doubt they will.go after u for test....

can you guess how many times the prosecutor has heard "it wasn't mine, it was a friend's" ? regardless of whether the friend story is true or not, possession is possession, you were knowingly in possession of an illegal product. Its not "possession with intent to use", its possession. If you carry around a pipe bomb for a friend, its still a pipe bomb you are carrying around.

 

[Jasen]

Correct.

 

[MikeGfilms]

Sh!t lol..

 

[Jasen]

But then again depends how good ur lawyer is.....

 

[EasyEJL]

But then again depends how good ur lawyer is.....

definitely in florida, first offense, non-distribution, getting away without the felony conviction and no jail time is possible.

 

[GLHF]

u werent under the influce of anything at the time tho right?
i think the steroid charge will get dropped, and end up with POA (period of adjustment) or 3-6month probation.

now, if u were high/drunk it wouldve been much worse.

BUT DAMN, where was ur brain at??? driving with weed, beer, and steroids...

 

[Jasen]

I honestly would have taken label off and when cop pulls mr over I would have said it just enathanate oil with some hormones for my bio chem project and acted if nothing major. Technically ur not lying and if I was a cop and someone told me that I forget about it and just go focus on the weed

 

[MikeGfilms]

I know it was dumb as hell. But the weed was in my roomates backpack and the beer was in the trunk in a cooler. the steroids i didnt even remember i had them with me at all bu they were in a bag in the trunk too.

But no i wasnt drinking and driving, didnt get any DUIs or anything

 

[chrisrob05]

When it comes to something like this, your prior history will make or break you. If this is your first offense, you will probably get a hefty fine, some probation, or you will be put into a diversion program with classes that you will have to pay for. You won't see jail unless this is your 2nd or 3rd time in court. DON'T RIDE DIRTY!! Good luck

 

[rulk22]

Forgive me if this has been asked already but did you give the officer permission to search your car after he pulled you over? He would need a warrant to search your car if you didnt give him consent. So if he searched without one you might be able to use that. Hope that has some application in your dilemma bro.

 

[Jasen]

Now u have street credit

 

[tnubs]

chances are very high the officer did something that wasnt "by the book" and u can get the charges dropped if u have a good lawyer. nearly everyone where i live gets off due to that. u can be so screwed and have all charges dropped. theres also a chance the officer will forget to show up to court and u get out that way (happened to me) dont panic yet.

 

[soskie]

Forgive me if this has been asked already but did you give the officer permission to search your car after he pulled you over? He would need a warrant to search your car if you didnt give him consent. So if he searched without one you might be able to use that. Hope that has some application in your dilemma bro.

He said the cop smelled weed. That's reason enough for a search.

 

[MidwestBeast]

Sub'd to hear how the whole thing goes for you. Good luck, man.

 

[EasyEJL]

He said the cop smelled weed. That's reason enough for a search.

Yep, probable cause

 

[Turnitup122]

I heard something about the smell of weed isnt enough for probable cause anymore but idk if that was just a certain state. Lol @ the evidence going "missing". Thats probly whatll happen sooner or later too.lmao

 

[Jasen]

Ronnie Coleman pulls u over, test goes missing

 

[_mArs_]

make sure your lawyer knows what he's doing and don't plead guilty...

 

[rebelhead]

I honestly would have taken label off and when cop pulls mr over I would have said it just enathanate oil with some hormones for my bio chem project and acted if nothing major. Technically ur not lying and if I was a cop and someone told me that I forget about it and just go focus on the weed

lol, never keep anything in ur vehicle. no warrant necessary. that dog they got will bark at shadows. they will call that a hit on drugs and tear ur car apart. i'm sorry u had to learn this the hard way.

 

[StackedCop]

Yep, probable cause

Thank you!

 

[schwellington]

your fine, dont worry about possession.Its distribution they will go after hardcore.

 

[chrisrob05]

For real!! Police roid it up and probably don't get tested for it...What good would a shrimp sized cop do? Most of them are big as hell-and aggressive. I'm surprised that they even documented finding the juice

 

[kanakafarian]

your fine, dont worry about possession.Its distribution they will go after hardcore.

True. The amount you had was for personal use.

 

[MikeGfilms]

Alright well thanks everyone for all the advice and help, still trying to figure things out with the lawyer. If they do charge me with the roids in court my plan is to offer a drug test to show that i haven used anything (within the past 6 months +) and if they need too ill tell them the name of the person the vials belong too, and they can look up his record to see he was just charged with possession about 2 months ago.

 

[Rodja]

Alright well thanks everyone for all the advice and help, still trying to figure things out with the lawyer. If they do charge me with the roids in court my plan is to offer a drug test to show that i haven used anything (within the past 6 months +) and if they need too ill tell them the name of the person the vials belong too, and they can look up his record to see he was just charged with possession about 2 months ago.

I really doubt that offering to do a PED test will change anything. Also, you knew the risk you were taking by traveling with both marijuana and test. Don't rat someone else out to save your ass when you were not forced into your current position.

 

[Jasen]

They won't care! They found u with it with your car. It's YOURS in their eyes. Nothing u can do about it. Its urs.

 

[EasyEJL]

again its not a use of steroids charge, its possession. don't focus on getting out of it that way.

 

[WhatsaRoid?]

You lost me at this point, its sad you would even this to try this.

Alright well thanks everyone for all the advice and help, still trying to figure things out with the lawyer. If they do charge me with the roids in court my plan is to offer a drug test to show that i haven used anything (within the past 6 months +) and if they need too ill tell them the name of the person the vials belong too, and they can look up his record to see he was just charged with possession about 2 months ago.

 

[kanakafarian]

Yeah, snitchin' is never a good thing!

 

[bill86]

if its your first arrest, i HIGHLY doubt anything will come out of it as far as convictions. most likely you'll have to take drug classes and maybe community service.

right now, IN MY OPINION, it seems like your best bet would be to plead no contest (your lawyer knows better than i do, though) and get your friend to fess up to is being his.

but for now, just try to relax. i dont live in florida, but the chances of them trying to convict a first offender of a felony over some test (although its still in the same category as cocaine, etc, most prosecutors probably wont view it the same, but that depends, i guess) is HIGHLY unlikely. your lawyer will probably try to find a first offenders program or plea, you'll do the community service or classes, and upon completion the charges will be dismissed.

BUT MOST IMPORTANTLY... if everything does turn out like that, make sure your lawyer has your record expunged. i know in nc you can only have it done once (past 18), so its good to use wisely, and id say this is the situation where youd want to use it if you can (being a felony case). basically, it just means that the CHARGES wont show up if someone searches your record. otherwise, if you are offered classes and all that and the charges are dismissed upon completion, then when someone searches your record, they can still see that youve been CHARGED with a felony, even though you werent convicted. so, most people dont want future employers, schools, etc knowing that theyve been arrested and charged with a felony, even if it got dismissed, ya know?


just try not to worry too much. the jails and court system is so overcrowded theyre gonna want to get this out of the way (i know its a felony, but its not THAT serious compared to most any of the other felony cases are out there). youre not going to jail, you probably wont even have to pay the fine. i know im in a different state, but ive got friends who have been charged with felonious drug possession and gotten off pretty light (classes, community service, etc). but you just want to make sure, when its all said and done, assuming youre not going to get convicted (again, im not a lawyer, so i cant promise anything), make sure you get it expunged so no one can look you up and see youve been charged with a felony. because for most people, that raises a red flag, even if you werent convicted.

 

[bill86]

yeah, telling on your friend isnt cool if YOU made the decision to put them in there..... if he left them in there on his own (especially if he didnt tell you), that might be another story.

i dont see why people think its cool to go down for something thats someone elses fault... the whole 'stop snitchin' thing has gotten so out of hand its ridiculous. if someone leaves something illegal in my car, unbeknownst to me, and im facing charges that could ruin my life over something THEY DID....you better believe im going to tell on their dumb ass.

 

[bill86]

not trying to blow this page up with tons of posts, but i just read the 2nd page of posts.

1) the smell of weed is still probable cause, and the fact he found it makes it pretty hard to prove he just 'made up' the story of smelling it, you know?

and

2) cops are exactly the reason i want to be a criminal defense attorney... there are cops that go to my gym that are juice heads.... how the **** are you going to arrest people and charge them with felonies for doing the same things youre doing? BY LAW, theres no difference between a narcotic and a steroid, but you better believe these juice head cops are going to arrest someone in a SECOND for possession of narcotics. they all think theyre above the law because 'they are the law', and it pisses me off. lol. (im still mad bc some douchebag cop was tailgating me earlier when i was going 3 over the speed limit and then he turned without signaling hahah)

 

[Jasen]

Wait r u going to school to be atorney

 

[bill86]

yeah, just started a couple of weeks ago, though.... so its gonna be a while, haha

 

[Jasen]

Cool cool Im gonna pm u something

 

[MikeGfilms]

Its not the fact of snitching, Its the fact that he was my bestfriend and left them with me on accident and i didnt realize i had them untill a few days before I was pulled over (on the turnpike, was actually going back home to see friends and give him back his sh!t). Now my friend told him about the situation and how it was a felony, and ive tried calling him almost every day since it happened and he wont answer or call me back. So if my "bestfriend" isnt going to come confess saying it was his, **** that im not getting charged with a felony, especially since im in school to get my Ph.D. But i guess well see how court plays out

 

[Rodja]

Its not the fact of snitching, Its the fact that he was my bestfriend and left them with me on accident and i didnt realize i had them untill a few days before I was pulled over (on the turnpike, was actually going back home to see friends and give him back his sh!t). Now my friend told him about the situation and how it was a felony, and ive tried calling him almost every day since it happened and he wont answer or call me back. So if my "bestfriend" isnt going to come confess saying it was his, **** that im not getting charged with a felony, especially since im in school to get my Ph.D. But i guess well see how court plays out

It still doesn't matter as it was in your possession. If it's your first offense, you'll probably get deferred adjudication and get some fines plus CS. It's not the end of the world and will not in any way effect your chances of getting a PhD. You could also easily flip the situation and say if you have that goal in mind, then why would you be participating in such risky behaviors?