Home > Research Legal Advice > Criminal Defense > I was a passenger in a car. The driver was arrested for possession of m...
Asked over 1 year ago - Fall River, MA
Flagi was a passenger in a car. We were parked, and a policeman pulled up along side my friend's car and asked what we were doing. After questioning my friend, The policeman searched my friend's car and found less than an ounce of marijuana along with a scale/baggies. The policeman searched me and found nothing. He told me that i would be receiving a summons for "conspiracy." I don't understand. It was his car, his glove compartment that they found the drugs in. I was unaware that he had this stuff in his car I'm so scared. I'm only 17 and i don't understand what is gonna happen to me!!
It may be that nothing happens at all. And, while conspiracy is easy to charge, it is difficult to prove beyond a reasonable doubt. The fact is, you are innocent. The fact is, you were in extremely suspicious circumstances.
If you are charged, engage a criminal defense attorney at once. If you are contacted by the police, say nothing except, "I would like to have my attorney present during any conversation." Then, say nothing. If they persist, say, "I will be contacting my attorney now." All very polite.
Your attorney can defend your case and also see what sort of bargain might be available. Just being willing to testify, "Not my weed," would be both truthful and perhaps help your cause. Make no deal with the police - they do not have the power. Let your attorney take the lead.
In the meantime, sit tight, OR consult briefly with a local attorney.
You received some good information from the previous answer. These cases are very fact specific. When you receive the summons in the mail, it is advised that you consult with an attorney who could appear in court with you to the arraignment. Depending on the facts contained in the police report (or lack thereof), your attorney may be able to resolve the case for you.
Myong Joun
www.MassRights.com
This situation is very fact-specific: Was the glove compartment open? What did they see your doing?
Unless there is some testimony from someone linking you to the drugs, you are probably in good shape.but without a lot more facts, no one can geive you a good answer. In any event, don't talk to the police or prosecutors if they contact you unless you have already talked to a crimminal defense attorney. They will try to get you to think that you can helop yourself, but don't bite. And don't talk to your friend about it, either. He may have flipped and is now helping them to get a deal for himseolf; even if he's not, they can try to portray your conversation as a cover-up.
I am a Fall River based attorney and I am going to try to point you in the right direction.
First, you will receive a summons in the mail within the next couple of weeks. The summons will tell you exactly what the charges are. It will inform you of the date you need to appear at court. if you were arrested in Fall River... the summons will have you going to the Fall River District Court located in the Justice Center located at 186 S. main Street, Fall River, MA. As you are 17 you will be prosecuted as an adult. When you turn 17 you are an adult for the purposes of criminal court. You should appear on the date the summons tells you at 8:30 am. You will report to courtroom number 1 on the second floor. You must meet and speak with probation. They will interview you. This is to gather your biographical and contact information. They will also discuss if you want to be considered for a court appointed attorney. If you want to be considered they will ask you financial information to see if you qualify. they may take your parents income into account if you live with them.
You can also choose to hire your own attorney. there are many advantages of this. If you hire your own attorney they can start working on the case prior to your arraignment. They may even have a chance of filing a motion to dismiss prior to your arraignment if the facts warrant that. There is no way for me to know without hearing more from you and reviewing the police report. There are other good reason why you may want to hire an attorney ahead of time. Some are listed on my website, I suggest you check it out. The site is XYZLAW.com
When you are charged with conspiracy you are alleged to have made an agreement to break the law with another. in this case they are alleging tat you have conspired to violate the drugs laws. There are often good defenses of these cases. I strongly suggest you get a lawyer whether it is private or court appointed. Make sure to stay in good touch with your attorney and the two of you can fight together to protect your rights. I wish you the best of luck and do not hesitate to contact me or any other attorney you may chose. I really think an attorney can help you. ---MDR
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