I live in a rather small town..not to small..but small enough where you know just about everyone. I have a clean record. Had a little truincy problem in my first year of high school. I have graduated and have spent two semesters in the local community college in pursuit of a criminal justice degree. Through much hear-say, the local police have earned a huge distrust of me. Rumors of me and criminal activities quickly spreaded through the precinct. This resulted in much harrassment. For example: if I am to go for a walk, whether it be daylight or night, and an officer sees me, I will be stopped, asked for id, where I am goin, where I am coming from, if I have been drinking, if I have been staying out of trouble. Also, there have been a few crimes that they CLAIM that people say I have commited. It never fails.
I was pulled over in my mom's car, a car that they had not seen me in yet this winter, therefore, no harrassment. It was basic. I didn't stop at a stop sign that i was used to, slowed down and was very careful (like I said, never anything on my record, not even traffic), but the patrol car was right behind me, pulled me over, gave me a warning, let me go. A week later I was traveling to drop a friend off at a trailor park, a place that I ussually stay away from due to the crime. I was goin 25 in a 35, lookin for my road. When i found it, sirens came on from behind me. Without hesitation, i was asked if i had been smoking marijauna that night. The LT. claimed he smelled it. I hadn't smoked in the car, it was hours before. I said no, and he asked me to step out of the vehicle. I hesitated, for due to much issues that I won't get into, but I FEAR the local police. But i did get out. i was handcuffed and me and my friends were all asked series of questions of our wearabouts and activities that night. After much harrassing questions, i finnally cracked and admited that i had smoked a roach earlier that day. they then asked to search the vehicle. i said no...i was very nervous but not yet willing to let them search my moms car without a warrent. they said that they didnt need to, they would just bring the k9. All the while treating and talking to me horribly...like always. they told me that would take a couple of hours. i didnt want to wait so i caved, knowing there was nothing in the car...if there was i would have already smoked it, i am very careful. they found two roaches in the back seat ashtray, where two "friends" sat. they told me they were gonna charge me with it. they told me i had to take a blood test or they would take my liscence away. so i consinted to it, thinking that i would get to go home afterward. Did the blood test at local hospital, got into the patrol car, and we headed off, passing my road. "where are we going?" i asked. "The harrison jail." they said. i was never read my rights..the Miranda rights. my ticket i was giving the next day i got bailed out had two charges. DUID or an O at end..and possession. a few days later i had to appear in the court to get assessment or whatever. Another charge was added. Driving without a license. I had told the officer, who was angry and asking while i was fittling around in the car, that i couldnt find my wallet, or proof of registration or insurance, because it was in my wallet or in the car somewhere...which i now i found..IN THE CAR.
my first question is do i have a chance of fighting the possession charge since it was in the back seat next to another individual. my second is can they add charges like that, even though initial charges were different..rather LESS. My third question is do i have a chance in fighting the fact that my Miranda rights were never read? or was i not acctually under arrest..if so..why did almost spend 5 days in jail?
I was pulled over in my mom's car, a car that they had not seen me in yet this winter, therefore, no harrassment. It was basic. I didn't stop at a stop sign that i was used to, slowed down and was very careful (like I said, never anything on my record, not even traffic), but the patrol car was right behind me, pulled me over, gave me a warning, let me go. A week later I was traveling to drop a friend off at a trailor park, a place that I ussually stay away from due to the crime. I was goin 25 in a 35, lookin for my road. When i found it, sirens came on from behind me. Without hesitation, i was asked if i had been smoking marijauna that night. The LT. claimed he smelled it. I hadn't smoked in the car, it was hours before. I said no, and he asked me to step out of the vehicle. I hesitated, for due to much issues that I won't get into, but I FEAR the local police. But i did get out. i was handcuffed and me and my friends were all asked series of questions of our wearabouts and activities that night. After much harrassing questions, i finnally cracked and admited that i had smoked a roach earlier that day. they then asked to search the vehicle. i said no...i was very nervous but not yet willing to let them search my moms car without a warrent. they said that they didnt need to, they would just bring the k9. All the while treating and talking to me horribly...like always. they told me that would take a couple of hours. i didnt want to wait so i caved, knowing there was nothing in the car...if there was i would have already smoked it, i am very careful. they found two roaches in the back seat ashtray, where two "friends" sat. they told me they were gonna charge me with it. they told me i had to take a blood test or they would take my liscence away. so i consinted to it, thinking that i would get to go home afterward. Did the blood test at local hospital, got into the patrol car, and we headed off, passing my road. "where are we going?" i asked. "The harrison jail." they said. i was never read my rights..the Miranda rights. my ticket i was giving the next day i got bailed out had two charges. DUID or an O at end..and possession. a few days later i had to appear in the court to get assessment or whatever. Another charge was added. Driving without a license. I had told the officer, who was angry and asking while i was fittling around in the car, that i couldnt find my wallet, or proof of registration or insurance, because it was in my wallet or in the car somewhere...which i now i found..IN THE CAR.
my first question is do i have a chance of fighting the possession charge since it was in the back seat next to another individual. my second is can they add charges like that, even though initial charges were different..rather LESS. My third question is do i have a chance in fighting the fact that my Miranda rights were never read? or was i not acctually under arrest..if so..why did almost spend 5 days in jail?
