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

Marcellas

Active member
Veteran
Okay so I made a very stupid mistake of driving with shit on me but here's my story.. St. Patricks Day, about 9pm

I drive to drop my friend off at his house. His house is on a very busy highway street, so I dropped him off directly behind his house which is actually my towns DMV parking lot (DMV was closed it was about 9pm). I drop him off and pull away, an I see a car in the parking lot turn its lights on and follow behind me. Before I even get to the street, I see flashing lights and i get pulled over by an UNDERCOVER car with one uniformed officer an one officer not in uniform. They ask me why I'm coming out of the DMV when its closed and I told them that I was hanging out at my friends house for awhile and didn't want to pull in the driveway on the other side because it's usually full and its a busy street as they knew. Lying to them about what I was doing was a bad idea but I didn't want to explain that I drove into the DMV just to drop my friend off (looked like a drug deal), they were probably watching me the whole time. The cops most likely thought I was dropping off drugs to somebody.

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."

The brown paper bag was laying on the floor of my passenger seat kind of hidden and I had the uniformed officer at my door questioning me and the other officer at my passenger window shining a flashlight right in my face the whole time to see if I was high.. I couldn't see the officer when he had the big flashlight in my face, but I stared right into the light confidently because I knew what he was doing.

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".

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 :(
 
W

Weedman Herb

You honestly should know more about what you're carrying ... why were the hydrocodone in a baggie? Do you have a prescription for said narcotics? I've never heard of being prescribed percocet, or vicodin for the flu unless it was contained in a cough syrup ... Get a lawyer ... from someone who can't get Federal Help for their education because of a weed possession charge (just weed mind you) ... You Might Have Fucked Yourself
 

Marcellas

Active member
Veteran
By the way, I tried to make this story as short as possible but still get the whole story out so any other questions about what happened to me that night or anything else, just ask and I'll tell you..

But I really need some advice here I have no idea what happened or what to do, I'm in New York State.
 

Marcellas

Active member
Veteran
No they weren't perscribed I bought them off somebody who was. I know I'm fucked. And I'm glad you told me that, now I'm probably going to lose my financial aid for college, get kicked out of college, and owe my school $20000 on top of that. This is great
 

L~B

Member
doesn't matter you admitted it...they don't have to read you you Miranda rights..get a good lawyer and keep your mouth shut......I hoped they weren't mic..ed up...
 

Payaso

Original Editor of ICMagazine
Veteran
Best advice, get a lawyer. Keep your mouth shut.

Sorry this happened. Let's hope New York has changed some of it's Rockefeller Laws about drugs.

I feel your pain and hope you can get a good lawyer.

Peace and best wishes!
 

Marcellas

Active member
Veteran
Oh and by the way, weed is decriminalized in my state. Possession of any ammount under 25grams (I was well under 25) is punishable by a small ticket/fine. I'm just hoping they don't get me for selling or something because I had the broken scale, and I know the unprescribed hydrocodones are really what's gonna get me in trouble. I'm ready to get fucked by the long dick of the NY State law :(
 

DiscoBiscuit

weed fiend
Veteran
Marcellas, try to get at least two consultations. Three would be better. I got three consultations after a DWI eight years ago. The first two lawyers were clowns that tried to sell themselves to me. The third lawyer was all business, no bs. You can tell a bs salesman from a professional lawyer any day of the week. It helps to see them side by side (so to speak) to know what you're dealing with. A criminal lawyer with even a little experience in mj/drug arrests is necessary imo. L~B is right, no Miranda rights won't benefit you here, sorry.
 

Benzito171

New member
Don't even go. They can't put a warrant out if they already let you go, that's only if you're on bail and didn't show up to court. I would at least talk to a lawyer first and stop talking to them. Never say a word to any police officer about anything if you can help it and never consent to anything or open any door or invite an officer inside anywhere. I've been in a similar situation in NY, they said they could hold the weed for 90 days and I was supposed to call and help get someone else arrested or they would arrest me. I'm no snitch so I never called and no warrant was issued. They bluff all the time. You already fell for the consent to search form, don't walk into this trap. They will just book you and fill out the paperwork as if they had just caught you. Talk to a lawyer before you do anything else regarding this matter.
 

79towncar

Member
No bad advise you have to go. If you don't go it's the same as not going to court.. Ok look as soon as you admitted to the cop that you lied you already admitted guilt. You are going to have to plead guilty to whatever they charge you with. Also even if they didn't read you your miranda you still admitted guilt. They did not arrest you, they just charged you and released you to your own custody. Next time don't dump out the bag... This was very stupid i'm sorry. Just don't say anything and don't show them a digital scale cuz. Thats probabile cause. You could have just said I have to leave. If a police officer asks you "whats in the bag" don't answer him! This is stupid instead ask him back "why do you need to know what is in the bag" not cocky but always answer an officer's question with a question. When a police officer asks you "do you have anything in the car" Just say no and thats all. Then tell him " I do not consent to a search". If you would have said this to them then you would of had a chance to beat this in court. But since you showed him a digital scale now they can enter looking for drugs. Theres no way he could smell anything he was just trying to cover his ass. This would have nailed him in court if it was in an air-tight pill bottle. Basically get a good lawyer, your going to have to end up pleading guilty. But in doing so you will be offered a plea agreement, probabily just probation and a big fine. Maby a couple months in jail but nothing major. Goodluck.
 

FirstTracks

natural medicator
Veteran
Only thing I can tell you is don't open your mouth one bit any more unless your layer explicitly instructs you to do so and gives you the words.
You already spoke to the cops, so changing your story now could get you additional charges. Trying to explain drug questions or answer any probing questions on the spot is almost always a bad idea in a traffic stop.

Hope your court date goes well for ya bro.
 

Benzito171

New member
Sorry, you have to be arrested and booked in order to be charged and released on your own recognizance. Or at least issued a ticket if the charge is simple posession. He was let go on the spot, that is completely different. They are not asking him to come in for prints and processing, they are asking him to turn himself in for posession while they are in posession of it, assuming they haven't smoked it already. Trust me, they can't enter something into evidence without a case number or opening an investigation. If they don't issue you a posession ticket with a court date, you have no court date. These cops probably have a bet going to see if this kid is dumb enough to walk in to the police station and say arrest me. Also, marcellas, you would do well to watch the busted, and never get busted again series of documentaries and memorize them by heart for future reference. All I'm saying is don't walk in there before you've had a lawyer tell you 100% that I'm wrong, and be aware that an unscrupulous lawyer may tell you to go get arrested so he can represent you. The ball is in their court, they want you to shoot into your own basket. If by some loophole they have the legal authority to arrest you, let them do it, there is no additional charge for not cooperating with an officer.
 

sallys

New member
To take a different tack. You are a student. I think you should sit down with your parents and let them help you with this. They might know a lawyer, and in any case, will help you sort out all of these questions. Listen, it might be hard, but there are a lot of issues here, with school, aid, etc.
 

Dirt Magirt

Member
Don't even go. They can't put a warrant out if they already let you go,

What? Thats not true. Don't listen to this guy. Definitely turn yourself in.

He said your bail is $500 thats a misdemeanor. I don't know about the school loan stuff but you wont do any time if you can make bail.

Good luck bro!
 

ArcticBlast

It's like a goddamned Buick Regal
Veteran
Dude, $250 bail? I had to call my parents at 4:30am on a weeknight so that they could call the bailbondsman...he said that my mom had to put her house up for collateral...

Sounds like a ticket to me. Definitely go in, but like everyone else said, don't say shit. They let you go home, that sounds like a good sign to me. Get a good lawyer, it makes WORLDS of difference...

I was charged with 4 felonies and like a million misdemeanors, the judge said max penalty for all charges would be almost 90 years... my lawyer got me a year of probation and 25 hours of community service...i even got to serve my probation out of state!

Good luck though
ArcticBlast
 

79towncar

Member
Look they already have him on possesion. He was caught no doubt about it. They released him. They have the charge on him anytime they want. You don't have to be brought to the station and processed, if they want to let you go and charge you later they can. They are either trying to get him to rat or trying to see if he will lead them to something bigger. I had a friend get arrested for possesion of 2 exstacy pills. The cops took the pills told him to leave and he got a summons two months later in the mail saying to turn himself in. This happens all the time, he defenetly was caught. If he does not report he risks more legal problems. Get a lawyer turn yourself in, unless he tells you otherwise. HE WAS CAUGHT PLAIN AND SIMPLE. They can charge him 6 months from now if they want.
 
D

DJXXPLATINUM

always consult an attorney!!!!! call several!!!!!good luck!!!!peace djxx
 

L~B

Member
thought about this some more and have to say... dam this sucks....and stop taking pills opiates kill people.... and never ever talk to a cop about any thing with out a lawer all you have to give them is your name and where your coming and going from... if you would of watched this you tube video with the law professor...none of this would have happened they should make that required viewing before joining a site like this...
 
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