Pulled over for license tag expired in march which was my birthday, officer states i was fitchetie in my car, i have a interlock i had to take out whne pulle dover, oficer states he had seen marijuana in my mouth, tackled me to ground from behind, souted to him i didnt have anything, handcuffed me and searched my car with 3 other officers, didnt find any marijuana. Police report states I said i swallowed it, and i did cause i didnt want my license suspended, I do NOT rcall this at all after getting takled from behind by this reserve officer the momentum of the tackle pushed me forward hitting my face into the ground, everyhtign after the inital tackle was hazy to me, he said i wasnt following his commands when he pulled me out the car, they carged me with tampering with ev and resist no vi
Criminal Defense Attorney
I don't see a question here so I'm going to assume you're just wanting an overall evaluation of the offense alleged.
I would venture to say that absent some physical evidence of marijuana being found, it would be very difficult for a prosecutor to prove beyond a reasonable doubt the substance in your mouth was in fact marijuana. That charge would hinge on the officer's testimony as to what he saw exactly. The same holds true for the Tampering with Evidence charge.
As for the resisting officer without violence, that will also depend on what commands the officer was giving you pursuant to his investigation coupled with how you were being non-compliant.
Overall, I think the facts as you described them seem to be in your favor with regard to the marijuana however it is important to see what is in the police report.
Please feel free to contact me if you would like to discuss your case further. I offer free consultation in office and over the phone.
You need the help of a experience trial attorney. Preferably a former prosecutor.
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