Busted in South Dakota for possession of marijuana 2oz. or less with a paraphernalia charge as well.
Question Details: Just before leaving S.D. on vacation a officer pulled us over for speeding. Soon after the cop was rifling through our possessions without consent , like a little kid at an Easter egg hunt. He found less than an 1/8 oz. of weed and a pipe. I am from Ct. and have little to no money to spend. I will not be able to appear in court. What might be the best way to handle this nightmare and get it cleared up? My original court date was 08-24-09. I asked the State's Attorney for a continuance so I could find out what to do. She gave me a reset. What is that as well?
I do not practice in South Dakota, however, in Connecticut a failure to appear for a criminal matter may result in a "Rearrest Order", where a warrant for your arrest is issued. The best thing to do is hire an attorney licensed to practice in S.D. or make arrangements to appear in S.D. Court on your assigned date and find out what options are available for you.
Although I do not practice law in the State of South Dakota, here are my initial impressions. You need to make arrangements A) to appear in court in South Dakota, and B) to consult with and/or hire a South Dakota attorney. Based upon the small amount of drugs found, you may be eligible for a diversionary program (such as the drug education program) which will result in the dismissal of the charges. Moreover, while South Dakota may allow you to complete the program in CT, you will need to appear in Court in South Dakota to apply for the program (assuming that they have an equivalent program) or at the very least hire someone to appear on your behalf, depending on South Dakota procedure. Moreover, there may be a basis to fight these charges due to an illegal search, but given your sparse resources I assume that this will not be the most prudent avenue to pursue. In any event, you should be advised that your failure to deal with this now (and failure to appear at your court dates in S.D.) may result in a warrant being put out for your arrest. Good luck.
