Drug Crimes, Substance Abuse Passanger found with weed

[blac.princess]

Jurisdiction

Georgia

I was riding in the car with a guy, he was dropping me off at home. We pulled up in my apt complex when police pulled us over . the officer said it was for his headlight being out. But the driver didn't have NO license or registration on him at the time we got pulled over . So the police pull him out the car and he was standing by the police car and the officer called about four more police officers to the sense . about five minutes later they came to the passenger side that I was on and asking me to step out of the car I comply with the officer because I knew that I didn't have anything on me and I was at home . He asked to search me I told him no and I told him that he couldn't search my things either next thing I know I tried to grab my purse because he told me to go stand by his car & the officer said "anything that's in the car and leave it in the car". so I had to leave my purse and stood by his car about three minutes later he says that he found marijuana in my purse but I didn't see him pulling the marijuana out of my purse . I denied anything was mines but I was the only one who got arrested that night the driver didn't even get a ticket. Now here I am almost a year later & they want me to pled out to probation . which I won't take, I been to court already a hand full of times & its already been taken to trial but I keep getting my court date pushed back b/c I wanna file a motion to Discovery to suppress evidence so I can see what I'm really up against because I feel like that this case should really just be thrown out. I really need help !! I don't know what to do anymore.

 

[adjusterjack]

I really need help !!

Yes, you do.

I don't know what to do anymore.

Hire a lawyer if you don't already have one.

If you do have one, rely on him.

 

[mightymoose]

Was the vehicle towed?
Unless there are additional circumstances you haven't provided or aren't aware of, the search of your purse was probably a step too far, especially after you clearly refused consent. I would expect you to succeed in suppressing the evidence against you, but also agree you should be doing so with legal counsel. Hopefully you are not trying this on your own.

 

[army judge]

I feel like that this case should really just be thrown out. I really need help !! I don't know what to do anymore.

If you have any affirmative defenses, or wish to assert an illegal search argument, discuss this with your attorney.

You do yourself no favors by discussing or seeking advice or counsel on the internet, or with anyone but your attorney.

I've learned, after decades of practicing criminal law, that a defendant's recitation of the facts is very often inaccurate.

Even if you found the encouragement or the "silver bullet" that will slay the legal vampire that pursues you, there's little value you to your defense.

If you know you are innocent, discuss it with your attorney (no one but your attorney) and tell the attorney you want a trial.

Whatever you decide, talk to your attorney.

If you believe your attorney isn't vigorously defending you, simply tell the judge you wish to fire your attorney.

Then ask the judge to appoint another public defender.

If you don't have a public defender, ask the judge if you qualify for one.

Finally, stop discussing this with anyone but your attorney.

 

[blac.princess]

Was the vehicle towed?
Unless there are additional circumstances you haven't provided or aren't aware of, the search of your purse was probably a step too far, especially after you clearly refused consent. I would expect you to succeed in suppressing the evidence against you, but also agree you should be doing so with legal counsel. Hopefully you are not trying this on your own.

No the car was not towed , they let the driver get away I was the only one who was arrested .

 

[blac.princess]

If you have any affirmative defenses, or wish to assert an illegal search argument, discuss this with your attorney.

You do yourself no favors by discussing or seeking advice or counsel on the internet, or with anyone but your attorney.

I've learned, after decades of practicing criminal law, that a defendant's recitation of the facts is very often inaccurate.

Even if you found the encouragement or the "silver bullet" that will slay the legal vampire that pursues you, there's little value you to your defense.

If you know you are innocent, discuss it with your attorney (no one but your attorney) and tell the attorney you want a trial.

Whatever you decide, talk to your attorney.

If you believe your attorney isn't vigorously defending you, simply tell the judge you wish to fire your attorney.

Then ask the judge to appoint another public defender.

If you don't have a public defender, ask the judge if you qualify for one.

Finally, stop discussing this with anyone but your attorney.

I don't have a lawyer ! I don't have any money for one so I am doing this on my own . I remember very well wht happened at the accident & I was wrongfully did ! & searched ! I'm just looking for a little help seems like I've ran out of all my opinions.

 

[mightymoose]

When you appear in court plead not guilty and ask the court to assign a lawyer to represent you. You don't have to do this on your own, you just haven't reached the point where you are provided an attorney yet.

As you describe it I see potential issues with the search. You cleary did not give consent. The driver can not give consent to search you or your belongings to which you have denied consent. The purpose of the "search" in this case is to inventory the vehicle contents for towing due to being unlicensed. If the vehicle was not towed then there was no legitimate purpose to inventory and discover anything concealed in your purse. Having discovered contraband the police should have followed through with the tow in order to legitimize their discovery.

Your appointed attorney will have to review the details and determine if the circumstances support the officer's discovery. There could be details you are not aware of.

In my experience police often misuse the opportunity to inventory incident to tow as an opportunity to search but the two are not the same.