Arrested for criminal use of a car

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Question

Country: United States of America
State: Indiana

My daughter was seen by an off duty policeman swerving her car toward her boyfriend. The police officer arrested her for criminal use of a car. She was taken from the scene. The officer claims he found a pot pipe in her car. He also claimed to have found a baggy with residue on it. She was informed that she was being charged with class D Felony possession of "math" My daughter told me that she might have had a pot pipe in car that she was unaware of, but she said that "if" they found a empty baggy with residue then it would have had to be residue from something other than "math" What I would like to know is if "residue" in an empty bag could be considered a class D felony possession? She has always carried around medicines in plastic bags. She would take meds (act) from our medicine cabinet and put a few in a plastic bag to keep with her. She suffers from migraine headaches. She says that she did not have any"math" in any plastic bag and I believe her. They gave her a court appointed lawyer and he gave her a written "plea agreement" to sign. It says that if she accepts a class D Felony math possession then they will drop all the other charges. Pot pipe and a moving violation. She told the court appointed lawyer that she did not want to agree to that and he told her that "you don't want to piss off the judge" I would like to know what constitutes possession? an empty plastic bag with residue? We cannot afford much and that is why she was appointed a lawyer, but it seems like this lawyer is working for the judge, not my daughter. She says that she could agree to something she is guilty of, but accepting a Class D Felony Math possession seems unacceptable to us...do we have any options here or is it like this lawyer says, that we better not piss of the judge? She is scared and so am I. Math has been a problem in this area and I feel they are trying to make an example out of her.

Answer

She can refuse to accept it and try to go to trial; or try to find some evidence or witnesses etc. that will make the State's case less convincing/strong--so that they may compromise. They very often will compromise further...