I was pulled over with drugs in my car, can the police come back later and arrest me?
Drug Arrest Question:
I was pulled over with drugs in my car, can the police come back later and arrest me?
Short Answer:
Long Answer:
Law enforcement can arrest you later for possessing illegal drugs. How much later depends on the type or amount of drugs you had in your possession. If the charge would be a Misdemeanor – they have up to two (2) years to charge you. Two (2) years is the statute of limitations on a misdemeanor charge. If the charge is a Felony – they have up to 4 years to bring charges. The statute of limitations on a felony is four (4) years. In my experience this happens most often when officers want the possible target of criminal charges to become a Confidential Informant (C.I. aka “Snitch”) and assist them in bringing Drug charges against other people. I would recommend that you contact an experienced Georgia Criminal Defense Attorney to discuss your situation before you are approached by law enforcement at a later date. I hope this information is helpful to you. Good Luck!!!
I Was Arrested Because They Said I Had Meth, Cocaine, and Marijuana in My System……….
Question:
I was arrested because they said I had meth, cocaine, and marijuana in my system. I knew that was not true. My cousin had the sheriff department to take me to a doctor office and paid for another drug test. The next day the test results came in. All were negative. The probation office said they were working on changing there system.
Answer:
The short answer is NO. Based on the information in your question it appears that there was a false positive result in the probation drug test. It is not unusual or unheard of for a probation drug test to be incorrect. You should THANK your cousin for getting you the second drug test. Your cousin most likely saved you from going to jail! If the probation department is changing their system and trying to eliminate false drug test results, that is a good thing. Your question doesn’t have any facts supporting a criminal charge against anyone at the probation office and the chances of a prosecution for an illegal act is very small. I know this isn’t the answer you were looking for, but I believe it is accurate based on the information in your question.
Remember to THANK your Cousin!!!!!
DUI Less Safe Drugs and Road Blocks
Question:
I was stopped at a roadblock shortly after smoking marijuana. I did have it in my possession and my blood was tested. I had also taken an unprescribed Adderall previously that day. In my understanding, they must prove that I was a “less safe” driver because of the marijuana. How can this be done if I was stopped at a roadblock? Also, how will the Adderall come into play (if at all)?
Answer:
Roadblock cases are often good cases to fight when you are charged with DUI. You are correct about the State being required to prove the “Less Safe” element. Because it was a roadblock and (hopefully) you didn’t exhibit any bad driving, the State won’t be able to show any “less safe” driving act. There are other numerous issues involved in Roadblock cases that may apply to your specific situation. But that can only be determined after a detailed interview by an experienced DUI Defense Attorney. Finally, there is a new case in Georgia that has specific application to DUI of Drugs cases that involve a Blood Test. You should consult with several experienced DUI Defense Attorney’s and retain the one that you feel will be able to best defend you in court. I hope this information is helpful to you. Good Luck!
What will my punishment be for a first offense for possession of marijuana less than an ounce & a speeding ticket?
Question:
What will my punishment be for a first offense for possession of marijuana less than an ounce & a speeding ticket?
I’ve never been charged or arrested for anything before in my life & it’s my first offense. I’m 18.
Answer:
First the BAD NEWS: If you are convicted of these charges you will loose your Georgia Drivers License for a minimum of 6 months! Your question doesn’t go into specifics on the speeding charge but the Misdemeanor Possession of Marijuana will suspend your license for 6 months! And please understand – a Misdemeanor Marijuana possession suspension is a HARD SUSPENSION. That means that there are NO PERMITS to drive for any reason!
Now the GOOD NEWS: Because it is your first time being charged it is quite possible that you would qualify for a Conditional Discharge or Pretrial Diversion Program. I would advise you to hire the best criminal defense attorney that is available to you in order to get the best result possible. Remember – if you simply plead guilty to these charges you will face a Hard Suspension of your drivers license! I hope this information is helpful to you!!! Good Luck!!
Drugs in Original Container
TRAVEL – I… love to do it.
I think it is a genetic thing. My parents have traveled extensively and have enjoyed every trip they have taken. My sister and I went everywhere with them when we were young. So, since I was a kid I have traveled with my parents and since I was a teenager I have been fortunate enough to travel with my mother overseas. One of the most exciting and exotic trips we have taken was our 2008 trip to India. My sister, mother and I went on an adventure to see all the wonders of India including the Taj Mahal! – That’s 24 grueling hours on a plane from Atlanta to New Dehli – or a guaranteed way to get a sore neck, behind and back! India is a very fascinating country – it is the only country I’ve been to where I’ve seen camels pulling carts, had a monkey steal and drink my coke and while stopped at a traffic signal had an elephant come up beside our bus and run his trunk inside the window looking for a snack – can honestly say I have never experienced that in the United States.
So – what does traveling have to do with medication – well I’ll tell you. My mother has traveled all over the world and she takes her vitamins and medicines with her. She has always told us it is important to keep your vitamins and medications in their original containers. Prescription medications need to be kept in the original prescription bottles. Over the counter medications need to be kept in the original packaging that it was sold in. I know that a lot of folks use the weekly or even monthly pill organizers. Using a pill organizer when traveling is not a good idea and I’ll tell you why. During our trip in 2008 the Mumbai terror attacks occurred. This cowardly attack was a terrible tragedy for all of the people in India. Fortunately, we were not in Mumbai during the attacks and were not directly affected. But, as a result of the terror attacks there was a dramatic increase in security.
Now back to mom’s advice – when we went to train stations, airports or even our hotels all of our luggage and baggage was carefully screened. Security was extremely tight, but, (thanks to mom) we all had our vitamins and medications in the original containers and didn’t have any problems. Unfortunately, some of the other folks on our tour used the pill organizers and had their vitamins and medications confiscated by security. You haven’t seen “upset” until you’ve seen a grandmother from New Jersey told that she can’t have her vitamins because security doesn’t know what they are.
Most people that I see have problems with this issue when driving their cars here in the good ol’ USA! They may want to take their vitamins or medications after eating breakfast and just put the pills in their pocket or pocketbook until it’s time to take them. If they happen to go through a roadblock (and the officer sees the pill organizer in a pocketbook) or are searched they can be in serious trouble! Even if you have a prescription for the medication but it is not in the “original container”, you could be faced with a drug arrest and charged with a misdemeanor!
Now while you’re at home it is okay, but while driving or traveling in the United States or a Foreign Country, don’t use those pill organizers for your vitamins or medications. You can never be too careful trying to avoid any legal problems when traveling and an innocent pill organizer can cause a “run in” with the local authorities here or abroad! So, although handy, pill organizers can be a big problem. “Thanks Mom for all of the great memories from our trips” and do what Mom says and keep all vitamins and medications in their original containers! You’ll be glad you did!