Drug Crimes, Substance Abuse Minor driving without a license and possesion of marijuana

[mikenuve]

This is my first offense of any crime. Im 17 and i got pulled over in Bellflower, CA because of my headlights. The officer asked for my license and insurance but sadly i didnt have any. I didnt have a registered license nor an insurance. The officer then told me to step out of the vehicle to search me. I didnt realize till he started searching me that i had less than a dime of marijuana in my left back pocket. He asked me if I had anything illegal on me. I didnt answer the question but he still got unto the marijuana in my pocket.

The car I was driving was my friends, the police didnt impound the car or gave my friend a ticket. Bottomline is what is going to happen to me? Am I going to jail? How much are the fines? Is it mandatory to get an attorney? Will i have to tell the truth to the judge or will I have to modify some of my statements? Will this be permanent on my record? And lastly whats the worse punishment that the judge can give me?

 

[jharris352]

Wow. I'm surprised they did not impound the car. One of the California policemen will tell you what you are facing as they understand the law out there. You need to be worried about not breaking the law, and less about what's going to happen to you this time. I can assure you, whatever happens to you this time, the next time it will be worse.

 

[mightymoose]

There isn't much you can do about driving without a license and insurance, but depending on the circumstances you might be able to argue the possession charge away.
The officer was within his rights to remove you from the vehicle and to do a cursory pat-down search- however this search is supposed to be only a pat-down of the outer clothing in order to detect dangerous weapons that will be a danger to the officer. He is not automatically allowed to dig into your pockets and pull things out... though it does regularly happen.
It really depends on the circumstances and how the officer wrote the report, but when the time comes, discuss the issue with your attorney and see what options you have. You will want to determine if the marijuana that was in your possession was found during a legal search. In short- unless the object in your pocket felt like a gun, knife, or other dangerous weapon, then the officer should not have been reaching in there to pull anything out. If he didn't do it right then you can make the marijuana go away.

All that said- you are looking at DMV suspensions and fines.