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Marijuana and Vicadin possesion (CRIMINAL LAW & PROCEDURE)

Wed, 19 Oct 2005 21:32:00 GMT

What is the name of your state?
I live in Virginia, and was recently busted in my car with a quarter of Marijuana, and when the cop searched me he found in a Hydrocodone (Generic Vicadin) in my pocket. Fortunately, my friend admitted that the pill and the weed was his, which it was, however we both left with summons for possesion of marijuana. We did not get charged with possesion of the Vicadin, because it was broken in half and he could not read the markings for narcotics to identify it. However he put it in the envelope to be sent to the lab to be analyzed. Now I am facing what I believe is a Schedule II drug charge for one **in pill, which is a Class V felony. If I plead guilty to the unclassed misdimeanor for marijuana possesion, do you think they will be willing to drop the felony charge considering it wasnt mine? Im just looking for opinion because I am going to be pissed if I get convicted of a Class V just for a gay pill.

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  • Thu, 20 Oct 2005 02:15:00 GMT(1)
  • Quote:

    Originally Posted by BillyBill

    We werent stopped, we were smoking in the car parked and the cops snuck up on us so we got out of the car, but he saw the bowl on the floor of the car that we dropped in a hurry. The weed was on my friend, but the pill was on me. He did take all the blame, but it was tough when the pill was in my pocket. It was just one of those things that I will regret a thousand times over for having the pill in my pocket. The marijuana possesion charge in Fairfax, VA where I live is not going to be a big deal, it is the felony i am worried about. I am a first offender and I suppose the better question would be am I going to be able to get the felony charged drop if I plead guilty to the marijuana charge.

    I don't think so but possibly the other way around.In other words you may be able to get the MJ charge dropped if you plead guilty to the felony.
    In Texas they have a new diversion drug program and maybe they have one where you are.Your record is cleared once the program is completed successfully.You have to be a first time offender to qualify.
    You need to do anything you can to keep this off your record because that's worse than the punishment itself.
  • Thu, 20 Oct 2005 01:11:00 GMT(2)
  • Quote:

    Originally Posted by BillyBill

    What is the name of your state?
    I live in Virginia, and was recently busted in my car with a quarter of Marijuana, and when the cop searched me he found in a Hydrocodone (Generic Vicadin) in my pocket. Fortunately, my friend admitted that the pill and the weed was his, which it was, however we both left with summons for possesion of marijuana. We did not get charged with possesion of the Vicadin, because it was broken in half and he could not read the markings for narcotics to identify it. However he put it in the envelope to be sent to the lab to be analyzed. Now I am facing what I believe is a Schedule II drug charge for one **in pill, which is a Class V felony. If I plead guilty to the unclassed misdimeanor for marijuana possesion, do you think they will be willing to drop the felony charge considering it wasnt mine? Im just looking for opinion because I am going to be pissed if I get convicted of a Class V just for a gay pill.

    If the pill wasn't yours why was it in your pocket? Thier is no such thing as being charged with drug ownership anyway. Its a possession charge. Who was holding the weed or was it stashed in the car? I think the courts look at who had control over the drugs. When possible its always better for one person to take all the blame although technically more than one person can be in possession.
    You didnt give any information on how or why you were stopped. Thats probably just as important as the bust itself.
  • Sat, 29 Oct 2005 14:51:00 GMT(3)
  • It might be a good idea to run your "plan" by your lawyer in advance before your court date. You also might want to wait to see if the DA offers a plea bargain at pre-trial, and see what they have to offer before you do anything. I'm no expert but from the facts that you've provided that the police did have probable cause to search your person and the vehicle and that they did not violate any of your rights, and all evidence was discovered and seized within the law. In my personal opinion you will be extremley lucky for the DA to offer such a plea bargain as you described in your "Plan".
  • Thu, 20 Oct 2005 01:20:00 GMT(4)
  • We werent stopped, we were smoking in the car parked and the cops snuck up on us so we got out of the car, but he saw the bowl on the floor of the car that we dropped in a hurry. The weed was on my friend, but the pill was on me. He did take all the blame, but it was tough when the pill was in my pocket. It was just one of those things that I will regret a thousand times over for having the pill in my pocket. The marijuana possesion charge in Fairfax, VA where I live is not going to be a big deal, it is the felony i am worried about. I am a first offender and I suppose the better question would be am I going to be able to get the felony charged drop if I plead guilty to the marijuana charge.
  • Thu, 20 Oct 2005 11:42:00 GMT(5)
  • The pill still has to go through the lab before they find out what it is, I was charged with MJ possesion on the scene, and now will face a felony once the pill clears the lab. However, this will take six months for the pill to clear the lab in Fairfax, VA because of the overcrowded lab work. I do not plan to plea guilty to a felony, especially when I have not yet been charged with it on my court date for the marijuana charge. My plan is to have my lawyer plea guilty in exchange for the dismissal of the pill charge whenever it surfaces. Does this seem logical? The misdemeanor will be wiped from my record if I fill the requirements (community service, drug class, fines) in six months. Am I fooling myself to think that I can get the Felony dismissed?
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