Ask Me Help Desk - Brother in trouble because of weed

So this is what's going on. This past Friday my boyfriend was with his brother and 3 friends in the car. Apparently his friend who was driving didn't stop at an intersection and was pulled over. The cops were suspicious and ended up searching the car. The driver was found with possession of weed he wasn't arrested and was let go. My boyfriend on the other hand was arrested. He is currently in jail being charged with possession of a concealed weapon thing is the gun wasn't in his hands or in his pockets it's was tucked all the way under the drivers seat. He is also being charged with more than one possession of drugs which again were not found anywhere on him they were found on the floor tucked under the drivers seat , he sat behind the driver. . He's also being charged with a pocket knife that again was in the drivers seat pocket. The only thing they found on him is two little baggies of cocaine which I don't know why he had considering that fact that he doesn't do coke and I can honestly say I know him and I know for a fact the only drug he does is smoke weed which he didn't have on him when all of this went down. Thing is I know for a fact that those drugs weren't his because he didn't have any money he gave me his last 25 dollars earlier that day also they had just left our house and were leaving the neighborhood when the driver failed to stop at the intersection so within those couple of minutes I know he didn't go buy the coke because like I said he didn't have any more money till Saturday which would be his pay day and I watched him walk out the door get into the car and saw them drive off. His bail was set for 182,000 and we couldn't get him out on bail.we just don't have that type of money because we are young parents I'm 19'hes 21 our kids are 6 and 5 yes we don't have everything we want but we had everything we need.hes our sole provider as I am a full time student and stay at home with the kids Anyway what I don't understand is why he's being charged with everything especially if it wasn't his car and it wasn't his stuff. I thought by law that the driver is the one who should be arrested since it was his car and the stuff was found hidden in his car not in my bfs possession. He's never been in trouble with the law except for a speeding ticket that was over a year ago and that fine was paid off. Since everything happened over the weekend I have to wait until Monday to call a lawyer. We live in the state of Delaware and like I said he's never been in trouble with the law what can I do to get all those other charges off. Please anything will help, any info will be greatly appreciated thanks

Sorry I also forgot to mention that the gun was not his with having two kids in the house have a weapon like that just isn't safe.

Quote:

I thought by law that the driver is the one who should be arrested since it was his car and the stuff was found hidden in his car not in my bfs possession.

You thought wrong.

It depends on what the jury is likely to believe. And they may very well believe what the prosecutor persuades them to believe. I suspect that the others in the car may have persuaded the police that the stuff belonged to your boyfriend.

By all means get an attorney on your first opportunity.

Why do you say he's your brother in the title?

One problem is that the cops see this all the time, and if they find a gun and drugs under the driver's seat but way back, they know the driver can't reach that far. Now the driver may have handed them back to your boyfriend, who knows. You can tell all you know about your boyfriend (never did coke, couldn't have any money on him to buy it) but it's going to do no good.

What matters is a good lawyer.

BTW is the gun registered, and to whom if it is?

That's weird I didn't put that title I put it under please help. Anyway I don't know about who the gun belongs to because they never told us if they ran it or not. But thing is this guy has a brother and they don't get along the brother is friends with my brother and he told my brother that the that boy admitted to him that it was his gun. Also his brother claims that the boy never has money so he will ask someone to sell their coke and then try and make a some kind of profit from it . Today I have to go to a lawyer. What are the chances that if he begs the lawyer to help him get clean off weed, agrees to go to some type of drug diversion program and not get into any more trouble that they will just give him house arrest or probation or something other than jail time since this is his first offense

Hello L:

Relax. He may very well NOT be guilty of a crime. In any case, even IF he were convicted of EVERYTHING, he'll probably get probation...

You don't need to beg a lawyer. You need to PAY him. If you can't afford a lawyer, and he's charged with felony's, the state will provide one for him FREE of charge... Tell him NOT to speak with ANYBODY but his lawyer.

He SHOULD have had a lawyer at his bail hearing.. IF not, then the state is violating his rights. A good lawyer would get that bail REDUCED substantially...

excon

The only way this can fairly be hashed out is if each individual in the car owns up to what was theirs. I wouldn't be as trusting of your boyfriend as you seem to be. Sounds like he is up to more than he is letting you in on.

DO NOT volunteer any information to anyone. Let the lawyer talk to your boyfriend. You do know that he is entitled to a public defender if he can't afford to hire a lawyer (even though he will usually get more time spent on it by paying for one)?
Yes, of course drug diversion might be an option but again, LET THE LAWYER handle any of this. Rule number 1: keep your mouth shut unless asked.
And don't ramble on like you did here when you look for a lawyer. 99% of what you wrote is not what any lawyer wants to hear and you will be turned down.
He has no priors and that's good. Who owned the gun will matter, but you don't even know if it's a registered gun or not. Priors of the others will matter. For all you know, the search was illegal, unless there was probably cause (smells, drugs in plain sight, or bulges in pockets, are some of the legal reasons).
Who has a good lawyer will matter!

I suspect the search wasn't illegal in the sense they -probably- gave consent. That is how they get you. They ask, the driver feels obligated because after all it is the police. Police count on you not knowing your right to tell them no you do not give them permission.
He could get off on O R but he probably will have some consequences.