Court tomorrow morning...

[RedCappedBandit]

Long story short, I was in the car with some friends, one of whom was carrying some pot ..
Going to court tomorrow morning.. does anybody have any advice?
(For a new york resident)

Sorry if this isn't the right place to post.. but thanks for any replies :)

[benburch]

1. My advice; You need a lawyer.

And my further advice? DU is not a good place to get reliable legal advice in a situation that involves your freedom.

[madmax]

2. Get a lawyer!!!

Do not represent yourself or plead guilty. I wish you the best of luck. :hug:

[Roon]

3. You can beat the pot charge, I did..

All you have to do is take it to trial. Have a trial that has the most jurors.It costs about a thousand dollars to seat a jury, so they aren't gonna want to spend that money. In the mean time, prepare for a trial and be ready. They will probably drop the charges.

It works in Denver, I don't know if it will work in NY. Oh yeah, if they offer you a plea bargain tell them to stick it up their ass.

[chelsea0011]

4. Tomorrow and you haven't gotten a lawyer yet? Request for more

time to get legal advice. If he wasn't carrying much you have little to worry about. But you need legal advice. Why were you stopped? Why did the cops feel it necessary to search you and friends? Was the search legal? If you weren't carrying, why are you in court? You need a lawyer!

[RedCappedBandit]

5. I know.. I should have gotten a lawyer

For stupid reasons I haven't and neither have any of my friends.
The search was legal.. and in NY, just being in the car with somebody in possession is grounds to be charged
It wasn't a large amount of pot, I just don't know what to tell the judge. Is it really a good idea not to plead guilty?

[benburch]

7. You can get a lawyer TONIGHT.

And you need one.

They will eat you alive if you go in without a lawyer.

Get out the fucking yellow pages. Start calling. You need a lawyer NOW.

[Asgaya Dihi]

6. benburch gave you good advice

The problem is that not only does it depend a hell of a lot on where you live even down to the city and county laws and priorities, but there may be circumstances about your case that you don't think to mention to us but that might matter in a court. Get a lawyer.

Go to the following web page

http://norml.org/

Look to the green box on the page and click "Find A Lawyer" then follow the prompts if you don't have a better option to find an experienced one. Luck to you.

[uppityperson]

8. get a lawyer.

they sometimes do initial consultation for free.

[RedCappedBandit]

9. Update if anyone cares..

I went to court this morning, and the judge let me take more time to find a lawyer. I have to go back on the 24th.. Thanks for the quick responses everyone, I appreciate it :hi:

Bad news is I was fingerprinted prior to appearing before the judge.. i'm obviously not too happy about that.

[wakemeupwhenitsover]

10. That's good that the judge gave you time.

Now get a damned lawyer. Today, not tomorrow, not next week. Find a lawyer that specializes in drug cases, call & go see him/her.

best & :hug:

[Mnemosyne]

11. How did court go today RCB? Just read this thread

and hope all is well for you and friends.

[RedCappedBandit]

12. Thanks for askin

I went back with a lawyer, and one of my friends got a lawyer as well.
His lawyer offered to help out the other two kids, and they all got a 1 year ACOD. They're set.

I have to go back on june 20th, because the DA didn't have my record and neither did the court, so they couldn't work anything out with my lawyer. Hopefully i'll get an ACOD as well.. i'll let you know in this thread.

[Turtlebah]

13. What's an ACOD? n/t

[Asgaya Dihi]

14. Adjourn in Contemplation Of Dismissal

It means if they keep out of trouble they got lucky. If they don't the charges sit there for a year waiting to be pressed.

[Mnemosyne]

15. Sending good energy your way!

Sounds like an incompetent DA. Hope it works in your favor.

What is ACOD? Is it like probation?

Awaiting good news in June from you!

Peace,
V

[afrosia]

16. WTF!?

I live in Europe and am sat here praying to the god that I don't believe in for you mate. I think it's disgusting that you're going to court, with the possibility of losing your freedom over a 'crime' which harms nobody. Prisons should be used to keep dangerous people away from common people, nothing more, nothing less.

I know a lot of Americans seem to dislike Europe, but life's a lot more chilled and free here, you should try dipping your toes this side of the pond.

[progressivesnub]

17. Crazy

Wait a minute. . .

There are a lot of holes in this case against you. . .

You're friend had the weed? Not you? 

First off, NY is a decrim. state. There shouldn't be court in
the first place. Sounds like a bad situation in the first
place. Justice will be on your side.

[Poor Richard Lex]

18. a little late answer

but if someone else had it in their possession in the car, or even if it was found in the car you were in, is a case of constructive possession - meaning they have to prove more than that it was simply NEAR you. THey have to prove that you knew what it was and that you were the one in control of it for you to get busted for possession of it. Most people get into trouble in these kinds of cases by making statements, especially to a seemingly understanding cop who promises to "go easy" on you. Do not say a word.

In court for something like this, generally you should not testify. They can either make their case based on what evidence they have from the scene or they can't. Dont take the risk of testifying because that just gives the prosecutor a chance to make you say something incriminating. You do not have to testify and it cant be held against you.

Just tell the judge that you have no evidence to put on and that the prosecutor has not proven beyond a reasonalbe doubt that you were in possession. Then shut up.

If he does convict you then appeal it and GET A LAWYER. Also think about asking for a continuance soyou can GET A LAWYER. Did I mention you should GET A LAWYER?

[mdmc]

19. make sure your lawyer knows that you will only plea down to

ACD... there is no reason to do anything other then pay a fine, and only your holding buddy should be doing that.

[RedCappedBandit]

20. Update:

Alright guys, thanks for your help and support! My lawyer was able to get me an ACOD; if I stay away from drugs for the next year, the charges will be dropped. *whew* :)

[WindRavenX]

21. congrats

Now let's work on legalizing the herb so none of us have to deal with this bullshit :)

[RedCappedBandit]

22. Agreed!

:toast: