I Have a Marijuana Drug Charge any Advice?

Published On January 4, 2013 | By CopBlock | Articles

I’m going to begin this post with listing the pending charges on my behalf. I currently have 3 pending charges. Possession, possession with intent to distribute (Marijuana), and illegal use of a communication facility. 2 Counts of each charge.

That being said…
Let me explain how I obtained these charges and my defense as I really am just a friendly pot smoker whos getting screwed by a weasel.

My friend Alyson who I have become pretty close to in the past 2 to 3 years was my smoking buddy before I quit marijuana use. We would hang hang out a few times a month on average and yes I would sell her some marijuana out of my personal stash if she wanted some for herself at home but im pretty sure all smokers do this. BUT she happened to have a D-bag boyfriend who didn’t like us having any type of relationship and he ended up getting himself into a jam. He was facing a second dui conviction, possession, and possession of drug paraphernalia.

Since he learned from Alyson that im connected in the marijuana drug trade, I was used as his snitch canidate to get out of a 2nd DUI. Later revealed to Alyson that he hated me and worried I was a threat to their relationship.

While Aly (Alyson) was unaware of his current perdicament. She asked me If I could sell her some weed or get her some, I did niether until she continued to bug me a few more times so I sold to her boyfriend what was intended for her, the remains of my stash estimated at a gram. This is my first charge.

Being a naive moron I am, I gave Alyson permission to pass my cell number off to Marc (her rat boyfriend) when she asked. He asked a second time for some marijuana, I had none because I was beginning to end my smoking career, but I told him I could put a order in for an ounce if he so chose. Took me about a month to actually get ahold of it for him but it did adventually come. And that’s my second charge.

After these two events occured Marc adventually fessed up to his disgraceful plan which put an end to their relationship. Alyson told me everything she knew and what he was trying to do.

**She stated that cops still allowed Marc to keep the Marijuana**
**Every other piece of info she provided also proved to be correct, Marc’s charges, description of the narc agents, and the cops current investigation**

Nothing happened for more then 8 months, by this time I have already forgot about these events but the cops show up to my house with a warrant at 6 am! There was about 6 of them trying to pull of a display of intimidation.

So I’m taken to the station and the detective starts immediatly attempting to extract information from me. Also trying to imply that im some kind of big shot in the marijuana distribution ring. In reality I’m flat broke and work my ass off for the little money I have as a machinist and mechanic.

AGAIN BEING DUMB HERE I try to explain my situation and gave up the location of my weed stash (less than an oz) and whatever glass I had. Bongs, pipes and things for personal use only thinking it would help my case if I was cooperative. They searched my house and garage finding only evidence of personal use. No bags, no scales, no extra phones or whatever else a drug dealers necessities are.

BUT the detective of the case is still trying to incriminate me as a drug dealer and I’m facing felony charges.

SO HERE’S MY QUESTION…
If the marijuana sold to the witness (bf Marc) cannot be located in evidence because it was given back to him. Could this possibly question the credibility of the investigating officers to help my case?

Im stressing big time over this because I’m really only concerned with getting a felony charge.

I gave consent for them to search my phone being told it would be returned in a timely manner but of course they are procrastinating or searching desperatly for whatever crum of evidence they can prosicute me with but I have no worries there. I really don’t understand why the detective is pushing for charges so badly?

I’ll be going to speak with an attorney this week to see what I’m up against. I really feel violated for the fact im being incriminated for a little marijuana use and then the officers have the nerve to pass the marijuana off the there witness when they are supposed to be preventing the use of the narcotic. Looks to me like someone just wants a promotion

If anyone could give any advise or expertise on how to avoid a felony charge here I would be eternally grateful. My stress levels are through the roof!!

Sincerely,

Max U

story_legalize_marijuana_sign_rally_fl_gi

This post was submitted using CopBlock.org’s submit a post tab. It’s so easy even a caveman can do it, just click here

Like this Article? Share it!

About The Author

When you see "CopBlock" as the author it means it was submitted via our contact tab - see top of page. Anyone can share their police related story with CopBlock.org via this tab, we thank you in advance.
  • BluEyeDevil

    Ya, you sound younger and here is some experience for you………NEVER EVER SAY A FUCKING WORD TO THE COPS………they are not your friend, they can and WILL use what you say against you, flex your RIGHTS, don’t be afraid of their intimidation tactics, they can’t do shit to you or to help you that is completely up to the D.A., Don’t snitch don’t rat don’t talk, ask them if they are detaining you, if so don’t say shit, plead the 5th amendment and don’t consent to any search and don’t say shit, if they are going to arrest you they will do it whether you say anything or not, ask for lawyer if they continue to detain you and don’t say shit, go to jail if you have to and don’t say shit it will be held against you later in court, remember any evidence you give them is not in your best interest, it is up to them to prove you are a criminal…..do not help them, you do not have to incriminate yourself again the 5th amendment.
    O.K. it sounds like you already gave them all they needed to arrest you, now they are just fishing trying to get you to make their case even stronger, take as a learning lesson, educate yourself about your rights, and remember DON’T SAY ANYTHING TO COPS EVER………….They are professional liars and are trained to deceive you and get you to give up your rights, remember that. They will lie straight to your face and not be held accountable but if you lie to them they can charge you, that is why you don’t say shit to the cops, also just because some cop has a suit on you still don’t have to say shit to them, that suit means they are a better liar then the rest.
    I am sorry that you incriminated yourself and gave them all they needed and more. It also sounds like you got sold out by a so called friend, remember not to trust anyone especially when doing something that for what ever reason is illegal, even though pot is nothing more than a revenue grab by the state. Cops are not the good guys, by law they do not have to protect you in any sort of way, remember that. DON’T SAY SHIT TO THE COPS EVER AGAIN.

  • Jenna

    Here’s what’s probably going to happen:

    You’re going to be HEAVILY pressured by the DA and your own lawyer to accept a plea bargain. At this point, it sounds like their entire case is built on the certainty that you’ll plead out. That’s probably why they didn’t set up a proper “sting” or collect any physical evidence. Your confession is all they have on you, but they’ll hold up your signed statement as a “slam dunk” guaranteed conviction. You’ll be threatened with the maximum conviction (25-life in most states) for going to trial, whereas the plea will get you probation and maybe court-ordered rehab.

    It’s going to be VERY tempting to take the deal, but keep one thing in mind: as a convicted drug felon, you will forever be treated like a piece of trash and discriminated against at EVERY OPPORTUNITY. Nobody will want to hire you. If you try to lie your way into a job, some probation officers even go out of their way to inform your employers. You’ll be permanently disqualified from receiving ANY kind of government assistance. Food stamps, public housing, financial aid for college… all of these things will be forever deemed “too good for the likes of you.” As far as society is concerned, you can starve to death in the gutter to the tune of “shoulda thunka that.”

    Here’s my advice: make a COUNTER-offer to plead guilty and serve the probation/rehab if they’ll drop it down to a misdemeanor. Even though the odds are slightly in your favor if you go to trial, I’m sorry to say you may well have hung yourself when you tried to cooperate. Unless there’s some way to get your confession thrown out of court, it alone might be enough to convince a jury to take up arms in the “War on Drugs.”

    I’m sorry this happened to you and I wish you all the best in the coming months. My last piece of advice might be the hardest to swallow, but I think you need to consider that this Alyson character is NOT your friend and might have had a hand in feeding you to the cops. I find it unlikely that she had no idea her boyfriend was making deals against you – there is a chance that she let him do it in an effort to salvage their crumbling relationship. When things fell apart anyway, it would naturally be in her best interest to tell you that she broke it off because she just found all of this out. I wouldn’t trust her until you’re VERY sure she’s been telling the truth.

  • mark neisler

    You did just about everything wrong that you possibly could. Get a lawyer and ask for a plea in abeyance.

  • robert robert

    man, don’t ever talk to police, never, ever, never, never concent to anything, never, and DO NOT TAKE Jenna’s advice. push a full trial by jury, police are lazy, so is the DA, i was offered 6 different deals, went to court 3 or 4 times, each time was an attempt to get me to take one of those deals, when i did not cave, the judge was about to set a court date, but the DA dismissed everything, HA! HA! HA! Fuck the police!

  • robert robert

    man, don’t ever talk to police, never, ever, never, never concent to anything, never, and DO NOT TAKE Jenna’s advice. push a full trial by jury, police are lazy, so is the DA, i was offered 6 different deals, went to court 3 or 4 times, each time was an attempt to get me to take one of those deals, when i did not cave, the judge was about to set a court date, but the DA dismissed everything, HA! HA! HA! Fuck the police!

  • Tom

    DON’T CONSENT TO ANYTHING, SEARCHES, INTERVIEWS ETC. THIS CAN ONLY HURT YOUR CASE AND CANNOT BE USED IN COURT TO YOUR BENEFIT. SECOND HIRE A LAWYER, IT COSTS MONEY TO GET OUT OF TROUBLE AND YOU NEED AN EXPERT. You’re in a lot more trouble because you were dumb. They had no case against you. If you sold MJ to Marc and they let him keep it (probably b/c it wasn’t a controlled buy). They had no case the MJ you sold to Marc would have been the main evidence against you.

    But you were an idiot talked to the police gave them consent to search home and put yourself in a whole unnecessary heap a trouble. They found your stash, they probably have your admission of selling MJ to Marc. Now they can charge you with possession w/ intent to distribute likely based on what was in during the search and your “confession.”

    So yes, what you pointed out was a huge problem for there case, until you wrapped the case up in a nice neat bow and gave it to the police for Christmas.

    Let this be a lesson to everyone. Sorry, for being abrasive but I’ve seen this so many times it literally makes me angry. If you don’t want to get in trouble then don’t hand the police the entire case against you.

    I don’t know all the facts so you may still be able to beat the charges. But you should’ve lawyered up when the police wanted to talk to you. A good lawyer could have done a lot more for you then.

  • Common Sense

    Since they have you, you have three choices (three free-will choices)

    (1) Flip and give them someone bigger then you.
    (2) Cut a deal/take a plea.
    (3) Go to trial and take your chances.

    If those don’t really work for you, you could always mention something about the flags in the courtrooms have fringe.

  • tz

    Everyone needs to remember the basic responses:

    Am I being Detained?
    Am I free to go?
    I do not consent to a search.
    I wish to speak to a lawyer.
    I do not answer any questions.
    I am asserting my right to remain silent.

    Say nothing beyond those statements. Perhaps an attorney or others would have a better list, but those are mine and should be somewhere at the top of this site.

    http://www.youtube.com/watch?v=6wXkI4t7nuc

    You should get an attorney and see if he can undo any of the damage. It will cost less in the long run (depending on the jurisdiction and your income, legal services or sometimes court appointed lawyers can be OK). If you were in bad pain you would likely see a doctor even if you couldn’t afford it at the moment. You have a legal emergency.

    Also “Beat the Heat” by Katya Komisaruk. Readable by anyone/everyone (with cartoons!), it will save your ass. ESPECIALLY if you are innocent.

    If they are fishing for evidence and you prove knowledgeable and tough, they will find someone else who is more of a pushover.

    If you think you can get out by fingering someone else, someone may have fingered you, and it may be a mutual self destruction (prisoner’s dilemma in Game Theory).

  • glenn

    There is constitutional protections you can act on to get case dismissed but its goonna take alot of study/learning on your part but it can be done. Most lwayers are gonna sell you out so I suggest gonig to marcstevens.net and learn. By defenition you havnt commited a crime and they cant proove you have if you know your rights. The definition of a crime is to violate someone legal right with causation. In other words you must violate another man or womans constitution right with intent to cause them loss, harm or injury. Their is the burden of proof on all prosecution to prove beyond a reasonable doubt. They cant proove injury or loss because you didnt hurt someone. marcstevens.net!! adask’s law.com…this is your answer!!

  • Chris Cejka

    You did just about everything wrong that you could possibly do! Never say shit to the cops. And never consent to any type of search. They will lie to you just to get you to talk. If you don’t like the questions they are asking you then don’t answer it period! Either don’t answer there questions or say “I’m exercising my right to remain silent”.

  • Chris Cejka

    And one more thing – always record you interactions with the police with a cell phone that has a high resolution video cam. Everyone has the right to record the police period!

  • Troy

    Bahahahahaha……….bahahahahaha……WOW!!!

  • Jenna

    You can, of course, take Robert’s advice and ignore every word of my own. Keep in mind, though, that it costs him nothing at all to tell you “FUCK THE POLICE.” If you go to trial and lose, he might still feel it was totally worth it for you to take a stand. Be wary of people who tell you to take expensive risks when they have nothing at all to lose from it!

    I would ONLY recommend going to trial if the DA refuses to plead you down to a misdemeanor. Misdemeanor charges will usually not show up on a standard background check and despite it being a “drug charge,” you will not be disqualified from public assistance programs. Glenn’s advice was excellent, so I suggest you listen to what he/he has to say.

  • Jenna

    *he/she*, I meant to say. Glenn is a versatile name.

  • glenn

    Reading over my own comment and others I realize I made some typos. Please forgive my intentions are good. And their not my comments Jenna. I cant take credit. Im am just learning myself.
    Marc is the man that deserves alot of credit for actively helping
    others in knowledge of the truth. Im just the man trying to pass on
    help given to me. It comes down to damage control once you have been falsely accused. One mind at a time I love the idea of all free men
    and woman knowing their rights and acting on them. Imagine a jury/nation knowing what these liars are doin. Only real crimes being filed and prosecuted. Amen and Amen

  • t.

    Max: As an officer who worked drug & vice for a long time: Everyone works. Meaning, like her boyfriend (who worked) they want you to work. More than likely, your attorney will advise you to work too. As your own article / post states….you are in the drug trade. That what they want to get to, bigger players than you. Just sitting here thinking, I don’t remember a single arrest of mine that didn’t “snitch”.

    Now about your case specifically. Where I work, you can’t “work off” DUI’s. Maybe where you live someone can, but I doubt that’s what happened. He probably worked off the drug charges you mentioned he had pending. She probably lied to you about that because she feels bad that she gave you up (for him). About the info that he was allowed to keep the marijuana. Now that would definitely be grounds for a dismissal and even a false arrest complainant and lawsuit. But my guess is she is lying about that one…again because she feels bad because she gave you up (for him). But you’ll find out, go to trial and demand the evidence. They either have or they don’t. But I’ll bet your lawyer will advise you to work.

  • Jenna

    Glenn, I appreciate your humility, but it was YOUR advice that impressed me most. (I didn’t look at the references you provided.) “Educate yourself and don’t expect it to be effortless,” was the lesson I took from your post. Of course you don’t have all the answers (nobody does) but I think you’re steering the author in the right direction and helping him to FIND the answers on his own.

    The only contradiction I have to your wisdom is that the author has NOT been falsely accused here. What he did was not morally derelict in my opinion, but using and selling pot IS illegal and he has admitted to breaking the law. I’d love to help him get away with and I will ALWAYS protest dishonest investigations and crooked cops, but we shouldn’t give the author an impression that he’s innocent because he didn’t do it and the cops are just lying on him. He is innocent because they haven’t proven yet his guilt in court. Whether or not his confession will be enough to prove him guilty of selling drugs is up to the jury. Since the cops found pot and bongs in his house after he confessed to having them, the possession charge is (unfortunately) an airtight case.

    I believe that the prosecutor will drop the distribution felony if he pleads out on the possession. It’s a compromise which I think the safest and most honest approach to this whole situation. Even though he sold drugs to one person, it would be inaccurate and unjust to label him a “drug dealer” for it.

    In any event, hats off to you, Glenn! I may not agree with every word you say, but you seem like a wise and compassionate person. Keep fighting the good fight, brother… or is it sister?

  • glenn

    God is a God of love Jenna. So to say im a compassionate person is true. Love they neighbor as you love thyself. Do onto others as youd have done to you. The filed case for this author is that he commited a crime. Im not an activist for drug dealing! Pot is the only so called “drug” that you can pick off Gods green earth and use it for medicinal purposes without man(woman) manipulating it. Genesis 1: 12-13. To say possesion of a naturally grown substance is a crime by definition is a lie/false witnessing. You cant say a crime has been commited against our constitution when there hasnt been and that not be a lie/false witness. The author also committed he only smoked it and occasionally sold to an occational friend from personal supply. Im not saying all wrote must be true but the 8 months of watching this author and it only resulting in this one set up I dont believe the author to some big/bad drug dealer type deserving of what the definition of a crime is thats why I believe it to be a lie. Some states have already “legalized” marijauna and again by blacks law or american jurisprudence we cant go around changing the definition of a crime to suit some hidden agenda. Were is the limit in limited goverment by doin that. As we commit we are facing the suspention of habeas corpus from our government. Since the patriot act we have seen a very scary shift in this country.

  • Jenna

    Glenn, you’re absolutely right about your assessment of the “illegality” of marijuana use. Until people stop passing judgment upon each other’s personal habits, there will always be victimless “crimes” that are NOT a threat to society and the safety of others.

  • glenn

    Jenna I agree with you about this current “state” we are in. I look forward to doing my part to further educate myself and others. We as a whole “the people” have become too complacent/lazy even. Myself at the top of this list. Its only when I personally have been oppressed beyond normal reasoning that I began to seek knowledge. I am so grateful for this avenue to see others like yourself and Pete and a whole legion of others doing what they can. I have shared part of my own story from Texas that may be posted soon. I have found peacefulstreets rally locally I plan on attending but unfortunately not as many close to Houston as in Austin. I will right to my representatives. I believe congressman Ron Paul is trying to help! At this point in my learning I see education and accountability both to public and LEO as the best thing I can do but am open to suggestions from more advanced activists…

  • fozzy

    You could take some of the advice on here and yell fuck the police and go to trial. But you need to look at the facts.

    1. You openly admitted that you were in the drug trade and sold drugs to s couple people. Even if it was just to a couple of friends, you still sold drugs and currently that is illegal where you live.

    2. You said the cops showed up with a warrant. That means when people on here are telling you to ask if you are being detained, don’t give consent, etc… aren’t paying attention. Of course you were being detained and they didn’t need your consent because they had a warrant.

    3. You told them where to find drugs in your house, after they had a warrant that they were able to get because you sold drugs to your friends informant boyfriend. On top of that, you said you confessed to the cops in the interview. That does not look good for you at all if you go to trial.

    4. The detectives are pushing felony charges because you sold drugs to their informant and confessed to it. Selling drugs is a felony where I live and pretty much everywhere. It doesn’t matter the amount of weed you sold. Selling=felony.

    Like “t.” said, Aly probably lied to you about the cops letting her boyfriend keep the week he bought because she felt bad. Do not take her word for it. You truly have ZERO idea what the police did with the drugs because you do not have a lawyer yet. That should have been your first move after the arrest. A lawyer will be able to find out all of the evidence they have against you. If your lawyer finds out that the police did not keep the weed you sold, then you are golden. That is grounds for evidence and an embarrassment for the department. If your lawyer finds out that they did keep the weed you sold along with all the other evidence, then you are in trouble. You should hope they offer you a plea deal for a misdemeanor because you are a nobody in the drug business and they don’t want to waste their time. Either that or roll of the guy you get your weed from.

    Bottom line is, if they kept all the evidence then you need to jump on a misdemeanor deal if they offer it. If you go to trial facing a mountain of evidence, you will lose and you will go to prison. You can listen to the people on this site when they yell to never accept a plea deal, but they aren’t the ones facing prison time. Look out for yourself first.

  • Zapeee

    @troy

    Isnt that the way “arnold” from “happy days” used to laugh? who are you, mr miyagi?

    i hope they find a roach the previous owner of your car dropped under the driver’s seat and charge you with distribution because you had a sandwich baggie “and no other makings for lunch”

  • Troy

    Ahhh, Zapeee…..don’t get all bent outta shape over it.
    “Wax on….wax off”.

  • http://google workingman

    don’t get a felony!!! take a plea get a lawyer, have the felony dropped! cop to the others, it sounds like they got you.
    first hand experience talking now

  • BobN

    To the OP -

    First, get a lawyer knowledgeable and effective in defending drug charges. Do not attempt to fight these charges by yourself. Second, do not speak any further with the police without your attorney present. Now, from your post, it is not clear if you admitted to selling pot or not. Hopefully, you only told them about your stash and pipeware; however, even if you did tell them, they still need to have the marijuana you allegedly sold to the rotten boyfriend in evidence and have had that tested to confirm that in fact it was marijuana. If they really didn’t keep the weed, there is no way that the distribution charges can stick. They do have you on possession though.

  • proantisocial

    Hey t, did you enjoy messing up innocent peoples lives?

  • Anthony Xavier

    If you have been charged with a sale and they cant produce the original evidence (drugs) with a certified lab report; they dont have a case.

    It wold be extremely outside any standard or normal operating procedure for any police agency to allow an informant to keep the drugs. If that happened they are allowing a crime to occur in their presence.

    Get a copy of their evidence handling procedure.

  • t.

    @social: To answer your question…mostly yes. I never had anyone (while working drugs and vice) under 25 that I arrested that didn’t have a pretty significant criminal history…that wasn’t drug related. B&Es, shopliftring, frauds….other crimes to feed their habits. While I didn’t work general investigations, everyone of that same age that I helped them with for those types of crimes…all had drug histories. The crimes are linked.. so if my arresting you for selling the drugs keeps one of your customers from stealing something from someone else to pay you…yeah, I’m good with it.

  • John James

    Yoo man same thing happened to me. I sold a little weed to a few people i thought were friends. Cops busted someone, snitched me out and i got fucked. Thinking itd be best just to tell the truth, i did and they are fucking me hard for it. Best of luck i know how you feel. I got charged with possession w/ intent, possession of small amount, and paraphenelia. Got a lawyer, currently awaiting trial. Basically, there are many options to get the felony dropped and just get a couple misdemeanors which i would love compared to a felony. It’s all up to the judge and the district attorney. Good luck pal

  • John James

    And to the officer on here, why i am getting fucked so hard for this? i have never hurt anybody. I consider myself to live a very moral life. Aside from smoking weed and underage drinking, i have never broken another law in my life. Im trying to get through college and get an actual life started while yous are trying to ruin the rest of my life. As a result of this i lived homeless for 3 months while attending school because i was kicked from the dorms as a sophomore. I’m still a kid and i made a mistake fuck im sorry. I have cooperated with every cop ever in contact with me and all of them have fucked me. Everyone on here is right. Even if you have nothing to do with what the cops are questioning you for, do not say one word to them. Don’t help them in any way. They don’t give a shit

  • John Hernandez

    I’m going through the same thing
    May I know what has happened?

  • Don’t matter

    Scum bag, get the fuck out of here ! Discussion is about ignorant pigs like u! That abuse the law to make your self all and mighty ! All coos are scum, I have family that were cops, a uncle. He beat up 3 so call cops for being racis and he quit they didn’t do shit to him.