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  1. #1
    johniscool is offline Junior Member
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    4 months ago i was caught with 3 ounces of weed

    What is the name of your state (only U.S. law)? arizona

    i'm waiting to go to court



    i was pulled over with 3 ounces of weed. i was pulled over for my music being too loud, which it hardly was up. he said he smelled weed the second he got out of his car, even though i don't think he did as i didn't and my stuff was in an air tight GLASS jars. and when he asked to search i said sure he grabbed a backpack i had in my backseat and started looking through it. found 3 ounces and a scale. NO BAGS. there was a name tag on the back pack that wasnt my name. he was making a joke and being a smartass and i said thats not mine looks like theres a name tag on it. i told him i gave a kid a ride home at a party and he left it. i knew my fingerprints would be on the GLASS jar so i told him 'yeah i was smoking with this kid at a party and he left me use his weed to roll some blunts....i gave him a ride home that night and he left it' so that when it got tested that was be reasoning behind my fingerprints being on there.



    anyways i'm sure i'm getting some probation as i'm over 18. but i wanted to know what typically happens if you get caught again. how much jail time?


    *also i haven't smoked since then, which is 4 months about. because i wanted to be able to pass a drug test if they were to ever test me so i could say when i go to court, it wasn't mine, i don't even smoke
    Last edited by johniscool; 07-27-2008 at 11:43 AM.
  2. #2
    Peligroso27 is offline Member
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    Three ounces and scales, thats felony weight son. What were you charged with? You need a lawyer bad, no judge is going to listen to that B.S. story of yours. If you get caught again expect that you will get a nice jumpsuit and a room in the county or state jail.
  3. #3
    outonbail is offline Senior Member
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    What were you charged with?
  4. #4
    The Occultist is offline Senior Member
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    Firstly, ownership has absolutely nothing to do with possession. You can be charged for possession of marijuana that you could explicitly prove beyond the shadow of a doubt wasn't yours, and moreover, multiple people can be charged for possession of the same dope if they are all together.

    Secondly, as far as the first offense goes, the state of Arizona is very friendly towards first-time offenders of non-violent crimes, such as possession of marijuana. You will likely received deferred prosecution, which means paying some court fees, attending a drug class, and a [very] light probation, the successful completion of which will end up with the charges against you being dropped.

    I can't believe you're asking what would happen if you get caught a second time as it shows a distinct lack of responsibility on your end; I'll explain anyways. Getting caught a second time will mean that you are still eligible for deferred prosecution as long as the DA is still willing to extend it to you. If there is a third time, you WILL go to jail. Let's be smart about this, yes?
  5. #5
    Az.guy is offline Junior Member
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    Get A Lawyer!

    A month ago I went to pre=trial for possession of weed/paraphenalia in Az...I had less than an ounce and the prosecutor wanted to send me to jail for 2 months! Because I had a lawyer I was able to bargain for delayed prosecution/6 month probation and drug classes so I can get the charges dismissed. If I fail to complete the drug program or get into trouble I go to jail for 2 months, all for under an ounce...

    The only reason I was given the delayed prosecution is because I am a grad student, the prosecutor was a real hard-ass.....

    I think you better get your act together quick or get readyt for jail time, Az. is a conservative state and they don't take kindly to pot smokers!
  6. #6
    The Occultist is offline Senior Member
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    I'm sorry to disagree, but Az.guy is kinda wrong here. I went through the same process withOUT an attorney whatsoever.

    Deferred prosecution will be offered to all adult first-time offenders of non violent crimes in Arizona. When you go to your arraignment and the judge asks how you plead, if he doesn't offer the option then on your own, instead of submitting a plea, request a pretrial conference. This is where the offer will be made, regardless of your education.
  7. #7
    Az.guy is offline Junior Member
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    Maybe I'm wrong but...

    It's my understanding that Az. prosecutors do not have to offer diversion. There's no law stating such.....My motto, better safe than sorry and be prepared!
  8. #8
    The Occultist is offline Senior Member
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    Quote Originally Posted by Az.guy View Post
    It's my understanding that Az. prosecutors do not have to offer diversion. There's no law stating such.....My motto, better safe than sorry and be prepared!
    Very true, no law; just a policy. But you're absolutely right, better safe than sorry!
  9. #9
    johniscool is offline Junior Member
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    they didn't even say if i was chargerd with anything. they just took me into the jail fingerpritned me took a mugshot and let my mom come pick me up
  10. #10
    The Occultist is offline Senior Member
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    If they haven't charged you yet, then perhaps your papers will be coming in the mail. They have a least a year to do so.
  11. #11
    Zigner is offline Senior Member
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    And, when you tell your story to the lawyer, make it a better one than some guy at a party left me 3 oz's of weed and a scale so I could roll some blunts
  12. #12
    outonbail is offline Senior Member
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    i knew my fingerprints would be on the GLASS jar so i told him 'yeah i was smoking with this kid at a party and he left me use his weed to roll some blunts....
    *also i haven't smoked since then, which is 4 months about. because i wanted to be able to pass a drug test if they were to ever test me so i could say when i go to court, it wasn't mine, i don't even smoke
    The trouble with lying, is that you have to keep track of who and what you lied about. If you told the officer that arrested you, that you were smoking with someone, do you really think you'll have any success changing your story to "I don't even smoke" when you get to court?

    Of course they don't really give a rats behind if and when you were smoking or who it belongs to, because, they will be charging you for possession. So you don't accomplish anything by claiming you don't own it and you don't even smoke it. You need to convince the judge that you didn't knowingly possess it and quite frankly, it would be a lot easier to sell ice cubes to Eskimos than it will be to sell another story to the judge.

    So, my advice is for you to take responsibility for your actions and use this unfortunate arrest as the stepping stone to stop getting stoned for ever, not just so you can piss off the judge trying to get him to believe a lie. Because one thing you can count on, is the minute you start lying to the judge, he will know it and then he will have to punish you for not only breaking the law, but also for disrespecting him by lying in his court room.

    Try for diversion and use the suggestions you've received as your guide to accomplishing this. Just don't keep building up your list of lies in court, because doing so can only hurt you.
  13. #13
    Cpl.Max is offline Junior Member
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    I say

    [QUOTE=The Occultist;1995020]Firstly, ownership has absolutely nothing to do with possession. You can be charged for possession of marijuana that you could explicitly prove beyond the shadow of a doubt wasn't yours, and moreover, multiple people can be charged for possession of the same dope if they are all together.

    i wish you had said this to me... This allows life to make since. With 3 O's. I dunno you should feel pretty lucky he didn't arrest you right there. if he already didn't. I don't know the exact laws of arizona nor do i live there. But i would advice to keep all that stuff on the DL for a while. I mean come on 3 Ounces?!!?!... The judge is going to think you're either on the brink of death from cancer. or your a dealer... it'll be hard to throw the whole friend thing. Just because of how much weed is with you.
  14. #14
    johniscool is offline Junior Member
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    how much time do ppl usually get for stuff like this
  15. #15
    Peligroso27 is offline Member
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    Depends on your charge.

    The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000. Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000.

    Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

    The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

    Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

    Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

    Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

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