1st time minor poss and paraphernalia

[evman66]

What is the name of your state? Tennessee

Well, I was heading home from college for the holidays and was pulled over on the interstate by a state trooper. I was definately not speeding, as I had a small bag of pot and a pipe in my car, and cruise control was set to 70mph. The officer explained that he pulled me over because I was following too close and also because I had a tiny orange sticker on my liscense plate which he explained was illegal. (This sticker is actually my "parking pass" for my apartment complex, and if I don't have it, I get towed.) He then asked if I had any drugs in the car because he thought he smelled something, even though I had not been smoking in the car prior to this. As he had a dog with him, I gave him everything up front (1/8th of pot and a glass pipe) and he proceeded to search my car and find nothing else. I got charged with minor possession and paraphernalia, and this is my first time offense. I'm just curious what I might be able to do to keep a clean record, or what might happen to me in the end. Any advice is very much appreciated.

 

[FlyingRon]

Get a very good lawyer. Sounds like he had reasonable cause to make the stop and you implicated yourself.

Less than a half an ounce and paraphernalia are each misdemeanors with up to a year in jail and $2,500.

 

[evman66]

The officer said something about maybe getting a "diversion" or something. Could someone maybe explain this to me, as I'm not too keen on things like this.

 

[The Occultist]

Hopefully Tennessee offers some sort of deferment program. You should look into that.

 

[FlyingRon]

The officer said something about maybe getting a "diversion" or something. Could someone maybe explain this to me, as I'm not too keen on things like this.

Not up on Tennessee, but a diversion is usually a chance to do a probation, possibly community service and/or some drug rehab (certainly drug tests) which if you complete they will dismiss the criminal charges. It goes by different names in different places. Ask your lawyer when you get one.

 

[evman66]

Not up on Tennessee, but a diversion is usually a chance to do a probation, possibly community service and/or some drug rehab (certainly drug tests) which if you complete they will dismiss the criminal charges. It goes by different names in different places. Ask your lawyer when you get one.

What do you mean by "Not up on Tennessee"?

 

[FlyingRon]

What do you mean by "Not up on Tennessee"?

It means my some total experience in Tennesse was running a couple of Marathons in Nashville and I'm not interested in your case enough to go digging up what pre-trial diversion opportunities are there.

If you don't want to get a lawyer to stave off the risk of a jail time or a criminal record, at least dig around for some Tennessee-based legal aid (they frequently are adjuncts to local law schools).

 

[evman66]

Oh, I will definitely be getting a lawyer. Just worried because I don't want this to interfere with my school. That would be devastating.

 

[helpforfriend]

no advice for the case, you will most certainly have a fine, community service, and possibly even a short period of jail time, but if this situation happens in the future, refuse the search, if nothing is visible, and you dont smell any drugs in your car, then simply tell the officer you do not consent to any searches, you implicated yourself when you handed over the drugs, if they were in a glove box, keep it locked if possible, don't consent to searches, if they search anyways and didnt have reasonable cause, anything they find is thrown out, if they have reasonable cause and search, dont unlock the glove box, say you would like a warrant, it may make them mad, but you have your rights dont forget that

 

[Nickj119]

no advice for the case, you will most certainly have a fine, community service, and possibly even a short period of jail time, but if this situation happens in the future, refuse the search, if nothing is visible, and you dont smell any drugs in your car, then simply tell the officer you do not consent to any searches, you implicated yourself when you handed over the drugs, if they were in a glove box, keep it locked if possible, don't consent to searches, if they search anyways and didnt have reasonable cause, anything they find is thrown out, if they have reasonable cause and search, dont unlock the glove box, say you would like a warrant, it may make them mad, but you have your rights dont forget that

Yes, but when you do go to court, it will be noted that you did not co-operate with police officer. The judge will be less lienient with you.