Really hoping of you fucks is a lawyer or at least handles with the law and public.
So i got pulled over for a broken headlight. The cop comes up to the passenger side vehicle where my roomate was sittting. I had a BB gun on the passenger side floorboard that i had forgot about. Cop pulls out his gun and demands we put our hands up. Asks why is there a gun in the passenger side floorboard in the backseat. I tell him it's just a BB gun. In the police report he acknowledges he smelled cannabis and saw the BB gun. They search my car and get me with drug paraphernalia, (a grinder) and 2 grams of weed. The grinder was in the center console and the weed was under my roomates seat. They pat us down, question us. They let my roomate go and arrest me. Tell the cops after miranda the weed and grinder were not mine. They let me go with a notice to appear to court.
I spoke to a lawyer and he said the BB gun didn't give the officer probable cause to search my vehicle. Even if it was real it still doesn't give him the right. I can't afford $5,000 for a lawyer, nor is this my first offense. I caught a domestic battery and a false imprisonment charge.... on my older brother. I hadn't signed my diversion papers for that offense yet and was told by my public defender that she'll leave a note or something to get me diversion for the new drug charge.
The other day i went to the court appearance and my name was not called for diversion. The prosecutor stated it did not mean that a diversion sentence could not be issued but they need to look over it.
I try not to worry but this kills me knowing if I don't get diversion again i will have to take this to trial and if that state rules against me then it's a year in jail.
Im 18 yo, i got a 5.2 GPA in high school and have 42 credit hours towards my AA degree. I wrecked my car driving to the last court appearance.
Idk if this helps either but my roomate went to jail already for DUI. Also neither of us admitted possession of it.