Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-08-2008, 04:41 PM
Junior Member
 
Join Date: Jun 2008
Posts: 2

Busted Party after everyone left


What is the name of your state? NC

I am a lease holder to the apartment
My roommate is also a lease holder to the apartment

Last night a social get together with a few friends escalated into several people I did not know coming over and letting themselves in (including someones mother which angered me incredibly.. we are all 18-20 years old and she wanted to "hang out"). I really can not stand people that just think they can do whatever they want to in someone else's home. I was in a situation where I could not really ask anyone to leave without causing a lot of social problems for myself and others. Undercover police followed several people at the beginning of the party to a local gas station where they saw him buy alcohol (found this out from the police after being questioned). They followed all of them back to my apartment. A few people came over with marijuana and smoked and my roommate and I also had possession of 4 grams that we had bought earlier that day. Someone stated that there were cops outside and everyone left except my roommate and I. My friend Matt was outside on the phone and we saw the police attain him and give him a breathalyser test. He came out with 0.0% and they let him go free. The police came and knocked on our door. I was upstairs in bed (I had been up for 24h and was not responsible for any of the people over here or any of the alcohol brought/consumed) and my roommate answered the door. They asked him immediately if he was 21 and if he had bought alcohol at the gas station. He admitted to buying the alcohol and that he was not 21. My roommate was very nervous/flustered and he says he doesn't remember how it happened but the Police ended up coming inside the home. They smelled marijuana and found 3 glass bowls and 3 homemade bongs, 2 of which were unused and not finished being made. They came upstairs and got me up and out of my room. They said they smelled marijuana in my room even though there hadn't been any in there for the longest time. So they searched my room and found one pack of papers nowhere near any weed. At this point they had not found any weed at all. I had hid it and the police searched where i hid it and did not find it. They kept telling us that the dogs would be called in if we didn't tell them where it was. I assumed that they had probable cause to bring the dogs in since they found the bongs and were let?? (I am really disappointed in this whole situation if they were let in by my roommate but its 20/20 hindsight now) in the house. So I told them where to find the weed and they didn't even search the rest of the house. They brought our friend back in who was outside free to go but he couldn't leave because the cop parked in front of his car. I don't know why but he admitted to bringing the weed to the party for us earlier and this is where they told him he was the key for all of us to get off easily. They couldn't say they wanted him Narc for legal reasons but he finally figured out what they wanted and pretty much agreed to be in further contact. My roommate and I were not given Breathalyzers and we both declined the use of marijuana. I was charged with Possessing a Malt beverage, and less than half an ounce of marijuana. They made my roommate pour out two bottles of wine (opened and probably vinegar by now) that I have had in the house for several months which were gifts (I'm a professional chef/baker). They confiscated my Escali scale which I use to bake with, but we admitted to weighing the weed we bought with it. They also confiscated the unused homemade bongs which they called "bottle rockets" and said we could try to get back in court. We were not fingerprinted or arrested. They took the alcohol and scale etc... left us a card and gave us our citations.

So it seems that our rights were given up as soon as they came in the door, even though my roommate doesn't know how it happened and i don't blame him for it... they were very persistent and intimidating putting words in our mouth etc... I would have not given them consent to enter and they probably would have just left, right?

What I am unsure of is how to plead (Guilty right?) to get off the easiest with maybe just a fine and only a local record of possession or not if possible. My roommate was charged with using a fake ID to buy alcohol (which he admitted to and handed over) and he is wondering of the consequences of such. Is it possible to get my expensive scale back that I use for my profession. Also they wrote Foil w/ marijuana inside and under grams they put 8 on my property report. There was no more than 4 grams of marijuana IN the foil. Could I be charged with 8 grams or does it not really matter since its under a 1/2 ounce?

My friend who brought us the weed also needs to know if he has to Narc. He gave a bit of information to the officers about who he got it from. What could he be charged with when he was not given a citation and was found to have a 0.0% BAL and no possession of marijuana.


Sorry for the long post. I might have left few details out, it was a very long night.


Thanks in advance.

Last edited by Adelleda; 06-08-2008 at 04:46 PM. Reason: Added additional information.
  #2  
Old 06-08-2008, 04:53 PM
Junior Member
 
Join Date: Jun 2008
Posts: 2
Sorry, I forgot to list that I was trying to get the case expunged if at all possible. It is a first time offense.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:18 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.