Out of Jail

MrBrian
MrBrian Posts: 2,672
edited June 2007 in A Moving Train
i'm on a miss pot charge. Cop went in for the search of my car, said he did'nt need a warrant cuz he could smell "something". well that's about it.
The exact charge is possession of marijauna less than 20grams and a smoking pipe.

anyone been in my situation before? i can't remember being read my miranda rights, will that make a diff in this? for a missdemeanor like said charge, am I in for a long court period?

Anyway, thanks
Post edited by Unknown User on
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Comments

  • my2hands
    my2hands Posts: 17,117
    MrBrian wrote:
    i'm on a miss pot charge. Cop went in for the search of my car, said he did'nt need a warrant cuz he could smell "something". well that's about it.
    The exact charge is possession of marijauna less than 20grams and a smoking pipe.

    anyone been in my situation before? i can't remember being read my miranda rights, will that make a diff in this? for a missdemeanor like said charge, am I in for a long court period?

    Anyway, thanks

    1. the police can search any part of the interior of your car within a driver/passengers reach, unless it is locked (glove compartment). this is a standard "safety" search that can be performed at any time during the stop without cause. the fact they he smelled weed only makes his case stronger. that is cause to search the entire vehicle and your person without your permission. his word against yours if you take it to trail. they will believe him, withiut a doubt.

    2. the police only have to read your miranda rights if they question you about a crime. they retain the open right to your vital info such as address, name, dob, etc...

    3. do you have a prior record? if so, any drug charges? felonies? if you dont, you may want to research your state/local laws and penalites. chances are there is some type of probation, fine, license suspension, drug class (DUI). you may have a first offenders program, which would be good for you. jump through the hoops they give you, and then it is erased or reduced. but if you fuck up, they will fuck you.


    a free consultation from a local attorney versed in drug law would help. bottom line is your nailed, so trial could hurt you. smells like an easy plea bargain to me. hell, i could even right it up :D
  • 1970RR
    1970RR Posts: 281
    I do criminal record searches for employers and have seen may of these cases.
    Assuming you are in Florida & have no prior record, the standard disposition in Florida for possession of MJ & paraphernalia is "adjudication withheld" which is not considered a conviction. Typical sentence is fines/costs and sometimes probation.
    You may be able to have the case expunged after completion of sentence - make sure you ask if this is possible and what steps are needed to have it happen. Otherwise, this case will definately show up if an employer does any type of background check.
  • MrBrian
    MrBrian Posts: 2,672
    Yeah they mentioned something about a diversion course that i'll probably get offered since its my first offense. yep...jump through hoops sounds about right.

    thanks for the words,
  • mammasan
    mammasan Posts: 5,656
    I was busted for possession of MJ and paraphernalia in NYC outside of an Allman Brothers concert. I had to appear in court and was placed on 6 months probation. As long as I was clean for those 6 months the arrest would be kept off my record and I wouldn't have to pay any fines.
    "When one gets in bed with government, one must expect the diseases it spreads." - Ron Paul
  • genie
    genie Posts: 2,222
    MrBrian wrote:
    i'm on a miss pot charge. Cop went in for the search of my car, said he did'nt need a warrant cuz he could smell "something". well that's about it.
    The exact charge is possession of marijauna less than 20grams and a smoking pipe.

    anyone been in my situation before? i can't remember being read my miranda rights, will that make a diff in this? for a missdemeanor like said charge, am I in for a long court period?

    Anyway, thanks

    damn, i can imagine this policeman craving for some weed, then smelling your car, and thinking "yay, this is my lucky break!! i'll arrest somone and smoke free pot!" :D
  • even flow?
    even flow? Posts: 8,066
    Stop smoking hydro and they won't be able to smell anything. ;) Fools!
    You've changed your place in this world!
  • MrBrian
    MrBrian Posts: 2,672
    genie wrote:
    damn, i can imagine this policeman craving for some weed, then smelling your car, and thinking "yay, this is my lucky break!! i'll arrest somone and smoke free pot!" :D

    funny you say that, one of the officers before he left said "we got a BUZZ from your car man!"

    whatever!.....my move back to Toronto is what i'm waiting for. I can't wait.
  • genie
    genie Posts: 2,222
    MrBrian wrote:
    funny you say that, one of the officers before he left said "we got a BUZZ from your car man!"

    whatever!.....my move back to Toronto is what i'm waiting for. I can't wait.

    then you must've had good quality weed :)
  • cornnifer
    cornnifer Posts: 2,130
    MrBrian wrote:
    i can't remember being read my miranda rights, will that make a diff in this?

    Probably not, even if it was required, which in this case, as someone pointed out, i'm not so sure it is, they will simply say you probably don't remember because you were fucking high (whether you were or not doesn't really matter)!
    "When all your friends and sedatives mean well but make it worse... better find yourself a place to level out."
  • my2hands
    my2hands Posts: 17,117
    MrBrian wrote:
    yep...jump through hoops sounds about right.

    plus fines and court costs, and possible license suspension.

    get a free consultation. tell him you arent a fool and dont need to blow $1000 on a lawyer for this, then he will be honest and tell you exactly what is going to happen.
  • MrBrian
    MrBrian Posts: 2,672
    my2hands wrote:
    plus fines and court costs, and possible license suspension.

    get a free consultation. tell him you arent a fool and dont need to blow $1000 on a lawyer for this, then he will be honest and tell you exactly what is going to happen.

    thanks.
    ----

    I don't think i'll lose my drivers. I was'nt charged with a DUI.
  • MrBrian
    MrBrian Posts: 2,672
    oh yeah, before he searched the car he asked if I would allow him to do that, or if I would mind. I told him that I do mind.... he must provide a warrant, it was at that point he said that he did'nt have to.
    ----
    But I guess it doesnt matter.
  • my2hands
    my2hands Posts: 17,117
    MrBrian wrote:
    thanks.
    ----

    I don't think i'll lose my drivers. I was'nt charged with a DUI.

    in delaware you lose your license for a period of time if convicted of drug possesion. i have seen this happen for as little as a gram. the offense doesnt even have to be in a car. you can be walking in a park. it is mandatory through our DMV
  • my2hands
    my2hands Posts: 17,117
    MrBrian wrote:
    oh yeah, before he searched the car he asked if I would allow him to do that, or if I would mind. I told him that I do mind.... he must provide a warrant, it was at that point he said that he did'nt have to.
    ----
    But I guess it doesnt matter.

    if it was within your reach, and not in a locked storage it is all legit (routine safety/weapon search). thats even without the smell. with the smell he could have flipped your whole car, dog and all. trust me.
  • surferdude
    surferdude Posts: 2,057
    MrBrian wrote:
    .....my move back to Toronto is what i'm waiting for. I can't wait.
    Doing drugs in a foreign country is insane. You may have pretty much lost all priviledges to travel anywhere in the world until any conviction is removed. This may prevent you from ever being able to take future kids to DisneyWorls ever. It's not worth it.

    Karma came round and bit you in the ass if your were driving while high. That's right up there with driving drunk.
    “One good thing about music,
    when it hits you, you feel to pain.
    So brutalize me with music.”
    ~ Bob Marley
  • my2hands
    my2hands Posts: 17,117
    surferdude wrote:

    Karma came round and bit you in the ass if your were driving while high. That's right up there with driving drunk.

    i disagree.
  • surferdude
    surferdude Posts: 2,057
    my2hands wrote:
    i disagree.
    Driving impaired is driving impaired. I do not differentiate between drugs, alcohol, prescription drugs or over the counter drugs. If it leaves you impaired take a taxi. I will never be onside with legalization of pot until the pro-pot sides grows up and wants tough driving while impaired legislation for driving while stoned. This tough legislation has to be there before I'm okay with pot legalization.

    It's stupid that pot's not legal, but equally stupid that people think it's okay to drive while high.
    “One good thing about music,
    when it hits you, you feel to pain.
    So brutalize me with music.”
    ~ Bob Marley
  • my2hands
    my2hands Posts: 17,117
    surferdude wrote:
    Driving impaired is driving impaired. I do not differentiate between drugs, alcohol, prescription drugs or over the counter drugs. If it leaves you impaired take a taxi. I will never be onside with legalization of pot until the pro-pot sides grows up and wants tough driving while impaired legislation for driving while stoned. This tough legislation has to be there before I'm okay with pot legalization.

    It's stupid that pot's not legal, but equally stupid that people think it's okay to drive while high.

    i didnt say it was "ok"... i meant that there is a big differnece. you are allowed to drive after a few drinks, it should be the same thing with pot. and pot certainly has less of an effect on your motor skills then alcohol.

    if you can drive after a martini, then he can drive after a few bong hits. should either of you, prolly not, but if one is ok, then so is the other
  • surferdude
    surferdude Posts: 2,057
    my2hands wrote:
    i didnt say it was "ok"... i meant that there is a big differnece. you are allowed to drive after a few drinks, it should be the same thing with pot. and pot certainly has less of an effect on your motor skills then alcohol.

    if you can drive after a martini, then he can drive after a few bong hits. should either of you, prolly not, but if one is ok, then so is the other
    I more or less agree with this. But I do think an accurate way to measure your pot (or thc) level needs to found before any level of pot use and driving is allowed. With alcohol there's an accurate way to measure intake. Pot needs this same type test and an acceptable level found. Until then zero tolerance.

    What do you want more, pot to be legal and zero tolerance for driving while high? or the current situation where pot's illegal?
    “One good thing about music,
    when it hits you, you feel to pain.
    So brutalize me with music.”
    ~ Bob Marley
  • JOEJOEJOE
    JOEJOEJOE Posts: 10,822
    my2hands wrote:
    i didnt say it was "ok"... i meant that there is a big differnece. you are allowed to drive after a few drinks, it should be the same thing with pot. and pot certainly has less of an effect on your motor skills then alcohol.

    if you can drive after a martini, then he can drive after a few bong hits. should either of you, prolly not, but if one is ok, then so is the other

    notwithstanding anyone's opinion on whether or not pot should be legalized, it is currently illegal, so if you drive under any sort of infulence, it is breaking the law.

    It makes more sense to fight the law, as opposed to the enforcement.

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