[Dueller]

I know you guys tire of my war stories but here goes. 20 y.o. college junior. Working his way thru school (read "I'm doing this pro bono"). 3.8 GPA at ole miss. Wants to go to law school...applying this fall. Same small town jurisdiction. Friend of my step son. Calls me and says he's been busted for simple possession. He got off work and he and a coworker decide to ride around after work. Get in coworker's truck and ride in country.

Coming back they take interstate. Coworker reaches in console and pulls out a pipe. Fires it up. Offers my client some. He says no thanks...don't do that. Blue lights come on. Pulled over for no seat belt. Coworker hands pipe to my client and says throw it under seat. Client does.

Officer asks driver to get out of truck. Tells him he's been watching him, they're getting ready to indict him for conspiracy to sell drugs...cites specific meetings they know about. Offers him a deal to not prosecute if he cooperates and goes under cover. Guy is scared and agrees to do anything. Tells him he could cite him for DUI controlled substance but gonna let him go on that. Asks him where's pot in car. Says pipe is under passenger seat.

Cop goes to truck and asks my client to get out. Retrieves the pipe. Searches my client. Nothing. Finds two empty bags in truck console with "residue". Tells them both to get in truck. Goes to squad car....writes out a citation for possession for both of them. Goes back to truck. When gives my client citation. My client says it wasn't his pot. Driver agrees. Cop says doesn't matter...you knew about it.

Here's where it gets really bogus...mind you ALL of this is on video/audio recording. Before I even saw the video, my client told me the cop said he was going to turn of the recorder to talk to him "off the record". I ask cop and he denies.

In the video at the time he starts talking to my client, cops hand goes down to audio recorder on his belt. All audio is shut off...total silence even though you can see them talking. After about 30 seconds, cop moves his hand and MIRACULOUSLY it begins recording conversation with cop saying he;s going to follow them to exit to let my client get his car.

It was during that Watergate Tape-esque period when my client said he was explaining to cop it wasn't his pot, he didn't know about it, etc and driver confirmed. My client relayed these facts BEFORE we even knew there was a video available.

When this kid called me to represent him, I told him "Go get a drug test right now and come to me with the results and I'll decide whether I'll take your case." He did...showed negative for EVERYTHING.

Got the crime lab report. results: .2 grams marijuana.


Prosecutor offered non-adjudication: i.e., plead guilty, pay fine of $250, do 6 mos probation (you pay $45/month for this privilege) and they will expunge your record. My kid is adamant he was not guilty and will not plead guilty. Largely because he's applying to law school in the fall and it will still be showing up on his record when he applies thereby assuring he won't get accepted.