chillz420

Check this out..... Back in May of this year, I had been pulled over, cited and released to walk for driving on a suspended license. After the keys to the vehicle were taken and I walked away, the cops proceeded to run a k-9 search of the vehicle. The stupid k-9 alerted on the passenger side of the truck indicating drugs were inside. The cops checked the vehicle and discovered a small bag of marijuana. They came after me and charged me w/Possession of Controlled Substance.
I had been arraigned and released, pending trial which was held Monday July 24th...
I showed up, the arresting officer and evidence officer showed up, but where was my legal counsel? He did not show up and left me hanging. I tried asking for a continuance, to seek other Counsel, but was denied. So Court was going to happen.....
We heard testimony from the arresting officer as well as the other one. We saw the small quantity of marijuana being tested to prove it was the drug..INDEED.........It was positive.........but the amountn of weed was laughable. I almost burst out loud when it was presented
I did the best I could in representing myself. the judge heard both sides of the story. Of course, I plead my innocence.
In closing arguments I stuck to my N/G plea and had a few things to say to back me up. Like, the dog alerted on the passenger side, no the driver side. Cause they found it in the middle console, where i had "easy access" to it., and i questioned why the k-9 was used. Out of suspicion? or procedure?
The judge looked stunned at my professionalism. So did the Prosecutor and the officers. My best argument was that I was no longer in control of the vehicle when the officer took the keys and let me walk.
I feel that I am not guilty of Possessing the drug.
What do you think? Was my argument good? If not,
It was worth the try!!!!
The judge had no verdict. He stated he needed to look into some things before he determines his verdict. I will be sentenced or given a ruling on Monday the 31st.
Do you think I may have presented a good argument???

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CaNnaBiS-HuStLR

sup b. 4 ur first time in court u did alright. 2 me they should let u off on minor charge. small amount, unjust police search, and passenger side. damn but u'll be booked like every other drug dealer or dope fiend.i mean wut can i say we lived in a fucked and corrupt govenment meant to destroy weed no matter the amount or even if it's not urs

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As I'm SiTiNg HeAr WoNdErInG y Do I ThIs? Y dO i GeT HIGH Y dO i HuStLe? As I RoLL a FrEsH bLuNt I ReALiSe I'm........A DOPE FIEND. DaMn

dedbr

but I must assume the judge did not give a continuance because it was such a small charge.

However, you did raise some interesting legal issues with your arguments, so keep us informed please, so we can stay updated on the issue of them releasing you and then coming to get you after searching the vehicle after you left......

Could set an interesting precedent....... Also, could you please list the state? Thanx......


Some Where In Ded Land............

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It will rise in perfect light.
I have loved the stars too fondly,
To be fearful of the night." Sarah Williams

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chillz420

Sec

Nice job!

I think the way you presented yourself coupled with the points you brought up gave the judge something to think about which is more, I am sure, than even you expected. I agree with dedbr that your points must have been valid. You might not win, but you apparently gave the prosecutor a run for his money.

You did the best you could with the circumstances you were dealt. It is always worth the try. Your only other choice was to cede to the prosecutor. If you are going to go down, go down fighting. (You might win just as easy).

Good luck.

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Mr_Master2

What happened??? I hope that the lack of a post doesn't mean this guy's argument didn't fly and he's in jail.

chillz420

I received my ORDER, and I won my case!!!!! I am Not Guilty

Here are some excerpts from my ORDER: (names changed for security.)

FINDINGS OF FACT: Prosecution's witness Officer Smith (officer #1) states that he was at ( the market) and observed the Defendant at that location, He has personal knowledge that the defendant has a suspended driver's license. He was dispatched to a traffic incident within the area. While assisting Officer Mayberry (officer #2) at the traffic incident he observed the defendant operating a black dodge durango and gave pursuit. When asked for her license the defendant responded that she didn't have one. Subsequently all 4 occupants of the vehicle were removed from the vehicle and it was impounded. The occupants proceeded to walk back to town. The Officer ( #1) is also a K9 Handler and in this instance he had the dog walk around the vehicle. The dog made a hit and the Officer found Marijuana on the passenger side of the vehicle. He dispatched an Officer (officer #3)to pick up the defendant who by then was about a quarter mile from the vehicle. She was subsequently arrested and detained for possession of controlled substance.

Prosecution's witness Officer Brown (officer #4) is the evidence technician and maintained custody of the marijuana. Officer Smith (#1) conducted a test on the marijuana. (came out positive.)

Upon cross-examination, Officer Smith confirmed that the marijuana was discovered on the passenger side of the vehicle.

CONCLUSION OF THE COURT: Upon examination of the Code, the court finds that to possess and control a controlled substance is an element to be proven in order to find the defendant guilty as charged. The defendant was the driver of a vehicle with three other occupants of the vehicle. The marijuana was found on the passenger side of the vehicle and was discovered when the driver/defendant was approximately one quarter mile from the vehicle. Prosecution has not met the burden of proof beyond a reasonable doubt because the court did not hear testimony that the marijuana was under the control of the defendant, therefore

IT IS HEREBY ORDERED that: The defendant is found Not Guilty based on prosecution's failure to meet the burden of proof beyond reasonable doubt. The Defendant is hereby released from any furthur obligation in this matter. This case is hereby closed.

2point4

Get it?

Congratulations. That is definitely good news. Minus one for the poor policing effort. Plus one for standing up for your rights.

chillz420

dedbr

you are articulate....and they didn't have a case really, so why should they waste time and money on something they can't win, and they know it?

I bet you never hear from them again.....


Some Where In Ded Land..............