What will happen with a possession of meth charge? 33 Answers as of August 31, 2011

Picked a so-called friend. Who put drugs in my car and set me up. ( we have evidence that she is a paid informant and she told a source that she was going to get me) the original stop was because my back light wasn't working, but when the officer stop me to talk, he asked if I had drugs in the car. First of all the car was not mine, so anyway. I didn't have a problem when the officer wanted to search my car. Because there was nothing that I knew of in it, I was just taking someone somewhere they needed to go. After I got out of the car. They asked me and friend to sit on curb. Officer asked to search my car, no problem, minutes, later-nothing, then a k-9 in minutes the dog found meth between the seats. Searched by male cops, no field test,-was arrested-was clean in search.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Retain an experienced criminal lawyer right away. He can always file a motion to suppress based upon what you stated and seek discovery to confirm if your "friend" is a paid informant or not. You can only consent to searches of property that you own or have authority from the property owner to act in his place. This is too important and too complex to do by yourself.
Answer Applies to: Michigan
Replied: 8/31/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
This sounds like a typical "set-up" arrest by an undercover Confidential Informant, CI, who was previously busted and then had to go out and find others to set up for arrests. Nonetheless, if she didn't have to talk you into it and from what you say, she didn't have to do much talking to you, that means there is no entrapment defense available to you. I suggest you hire the best lawyer you can find locally and fight the case. There is no way to tell you the outcome without knowing much more, including the state, county and many more facts. Good luck.
Answer Applies to: New York
Replied: 6/27/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney since the meth was found pursuant to a consent search.
Answer Applies to: New York
Replied: 6/16/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Under the facts you gave this is a trialable case. Get an attorney.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You may have defenses to the charge since one of the elements of possession is "knowledge". You should consult with an experienced attorney to review the evidence in you case.
Answer Applies to: Kansas
Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    A material element of the charge of Possession is "knowledge." Under your facts, you can beat that charge because it was not a knowing possession. Get a lawyer. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    You will doubtlessly have an interesting time proving that your friend was an informant and "set you up," but hey, it happens. Unfortunately the "real bad guy" usually doesn't confess at the last minute (in front of the jury) like they always did on Perry Mason. Your lawyer or his investigator will need to interview people about the snitch. Your lawyer can also demand discovery from the state that may detail your "friend's" career as an informant. You also will have a clear challenge to the knowledge element that the state usually must prove to convict you in a drug possession case.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    Cops always get permission to search from non-lawyers and it is perfectly legal for them to ask and the to conduct a consensual search. However, the circumstances of the search you described are more than a little suspicious. If the cop found nothing by his initial cursory search, one must wonder what probable cause he had to call in a dog team.Sure sounds like you were set up indeed. I would normally think you were the typical innocent crook, but I tend to believe what you say in this case. I would take this case and if the facts are as you assert, I do believe that I could get the DA to kick the case before long, and if not, then the court would dismiss at the preliminary hearing I would demand. If you would like to retain this firm(me) to handle your case, and you reside in California (we are in Pasadena but do travel if you are willing to pay the costs), give us a call. We would require a $7,500 retainer to start and credit you with about 19 hours ($7,500/our hourly rate of$395). We would bill you thereafter, but I do not think the case would require additional fees, if the facts are as you say.
    Answer Applies to: California
    Replied: 6/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In short, you should discuss the details with your attorney. What you describe could result in charges, however, there are trial issues present. The question has to do with possession. Since you were driving the vehicle, you could be deemed to know and to possess anything in the vehicle. However, there are cases to suggest that a passenger could stash something between the seats which was really theirs. So your case could be scheduled for an evidentiary hearing or for trial to resolve the issue of possession I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You may have an argument that the search of your car was illegal as well as a defense to the charge itself. I cannot predict "what will happen" of course. You need to retain a good certified criminal law specialist to help you.
    Answer Applies to: California
    Replied: 6/9/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law: You need to contest this if you have proof of the informant. Hire a lawyer now. Get an investigator on it too.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Possession of meth is a class C felony punishable by imprisonment in the state prison for not less than one year and one day nor more than ten years and a fine not to exceed $15,000. Consider hiring an attorney who can then explore more about the informant that apparently set you up and the arresting officer who made the stop.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    First, you should never have consented to the search of your car. Second, you state that you were set up by an informant which usually means that you are involved in dealing drugs. If you are charged with 220.16 Possession with Intent to Sell then you are facing a jail term or a felony plea and probation. If it is a simple misdemeanor possession charge you will be placed on probation. Meth is the worst drug in the world, if you are using it get treatment. If you are selling it you are going to jail eventually.
    Answer Applies to: New York
    Replied: 6/8/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Possession of meth is a felony so at the worst, a conviction could bring prison time. From the information given, it sounds like you may have a defense and I would suggest that you consult an attorney before doing anything.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You need to get a consultation from a local criminal attorney. You need to do a suppression hearing to hopefully get it dismissed. Good Luck.
    Answer Applies to: Utah
    Replied: 6/8/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Your question raises many issues that need an attorney to respond to but he or she will certainly need to review the police reports first ... there are no quick answers to these complex issues. Please consult with your attorney.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    You have to retain an attorney (or see if you qualify for an appointed attorney). What can potentially happens depends upon the total weight of what was found, any prior criminal history, if your attorney is successful in attempting to get the evidence not considered in court, and many factors.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You are going to need an attorney in order to fight this matter. Names of people that heard her threaten you etc.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I would suggest that you contact a criminal attorney to represent you in court. It sounds to me that you have a strong case for dismissal. however, you may need your friend's assistance in establishing the woman's involvement in the case. I am only hearing your side of the case, however, and as you well know, there are two sides to every story, so contact counsel, have him get all the police reports and evidence, and he will determine if you have a good motion to suppress the evidence or a good chance at a dismissal altogether. Depending on your background, you could be facing probation at the least, or pen time at the worst, if convicted of the charge. Retain counsel immediately.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You get a felony charge and the information get out of trouble. Hard to defense, but may be able to avoid a conviction by getting into drug court. Stop appears to be valid and you gave consent for search.
    Answer Applies to: Nebraska
    Replied: 6/8/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Possession of methamphetamine is a felony punishable by up to 5 years and @$10,000., although your likely sanction will be much lower. It sounds like there are legitimate stop, search and even constructive possession issues. You should certainly contact an experienced criminal defense attorney to represent you.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    There are various degrees of charges of possession of a controlled substance, including methamphetamine (meth). Depending on the state in which this occurred, the severity of the charge may vary dramatically based on quantity and type of substance. For instance, in Minnesota, even a very small amount of meth, such as residue, is a felony charge. Marijuana possession is treated differently under Minnesota law, as possession of a small amount is a petty misdemeanor/low level offense. It is highly advisable that you contact an experienced criminal defense attorney for advice and representation on this situation. It appears that you were "set up" by the other person who planted the meth in the vehicle.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Contact an attorney. You may be eligible for a program, the completion of which may result in a dismissal of the charge(s) against you.
    Answer Applies to: California
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A fifth degree possession charge is a serious felony and carries with it imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If you have a prior conviction the sentence can be even more serious. Obviously, there are many defenses to the charge. Certainly, a significant issues is whether or not the officer had an articulable, reasonable suspicion of a particularized criminal offense in order to stop your vehicle. if there is no reasonable suspicion any evidence seized after the stop would be the product of an unlawful search and maybe suppressed. For a FREE consultation call me.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It depends on who the jury believes. If the person who heard her say she was going to get you makes a good witness, that would help a lot.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Sounds like a charge that you could beat in court.
    Answer Applies to: Louisiana
    Replied: 6/8/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Hire an attorney and go to battle.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Sounds like there are some defenses here from what you listed. I'm guessing based on what you wrote that the other passenger in the car is not being brought up on charges? Also, depending on your past record, you may be eligible for drug programs (instead of jail time). Call me. I have successfully handled Meth possession cases. Regardless, you should definitely discuss this case in further detail with an attorney. Find a criminal defense attorney in your area who is familiar with the courts. I practice in L.A. County, Ventura, San Bernardino County, and Orange county and would be happy to give you a free initial consultation.
    Answer Applies to: California
    Replied: 6/8/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    In order to get a good answer, you're going to need to speak to a lawyer who can review the State's evidence and your criminal history. An experienced local lawyer will be able to tell you the options you have and advise you about the likely strength of your case for trial. If you have any questions, please feel free to give me a call!
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You're asking the bottom line question of what will happen, but you've got two very different paths possible. First, you can fight, trying to prove that you had no knowledge of the drugs and therefore were not in possession of them. Or - You try to get out of this as cleanly as possible with a drug program such as PC 1000 or Prop 36 if you're eligible. This is something for you and your attorney to discuss in detail and you can then decide what your best options are.
    Answer Applies to: California
    Replied: 6/8/2011
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