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Caught with pipe and < 2 or 3 grams (just basic possesion of MJ charge though)

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BustedInVA

Junior Member
What is the name of your state? NC but busted in Fairfax VA

okay, here is the situation. we were driving through fairfax VA (a drug corridor--so the cop told me). anyway, we were stopped for speeding, cracked windsheild, and a license plate frame..how was I supposed to know a stupid license plate frame was illegal in va... okay, so then the copped stopped us..told us why, was suspicious because we were coming from wisconsin to nc.... we told them we had family there (which we do). then he asked us if we had anything in the car... drugs, weapons anything that we didn't want a drug dog to find (i don't know if the car smelled like it or looked suspicious because of the luggage and stuff..he never said). he said that he was not worried about marijuana or anything because they were looking for coke, meth, heroin..the hard stuff... he said marijuana was no big deal that they didn't even care about it. he tricked us. he made me think that there was a drug dog in the car, and that if he found anything, we would be in trouble..but not if we just told him the truth..so stupid us, we said yeah..here is our pipe, and less that 2 grams of pot..just the very corner of the bottom of a bag..he then made fun of my crappy brown weed..saying haha.."thats it?..that is nothing..not even a good amount" and said he was gonna take it so we didn't get caught later down the line (if we were stopped becuase of the windsheild or anything again)..so then..he said "can I search the car" and you both..we said yes knowing there was ABSOLUTELY NOTHING else in the car or on us..any there wasn't.. however, after watching him search i saw all the places he missed that i should have hidden it at.... so then after not finding anything...no baggies, nothing.....there was no intent to distribute, which he was very aware of..he was also very appreciative that we didn't give him any problems, and told the absolute truth...... however, we BOTH got a "possesion of marijuana" charge..but did not get arrested..just a summons to appear. Neither one of us have ANY previous charges at all. I know that there is a license suspension for any marijuana charges in VA, but is there any was we can get out of this? I would rather probation, and it getting taken off my record..or anything.. I talked to a lawyer, he said 600 for the case. The cop gave me his card and said to call him if I had any questions, should I call him and see if he can get them dropped, appologize for how stupid i was, and that I hate wasting everyones time for such a petty offense.... I don't know... I have never been in trouble before.... any opinions on waht I can do? the cop said he would tell the judge not to give us jail time, but what is going to happen? how can I get out of this stupid mess??

thanks
 


BustedInVA

Junior Member
all I can say is no...because he fessed up to the pipe+mj and i handed it over to the cop. so that is proof enough that we knew it was there. I didn't lie to the cop, but i know that there is not defense or denial about what we had and whose it was. I just want to know how i can get the least amount of punishment. however, if by defense..you mean lawyer, yeah I have talked to one already.. he said I can probably just get a paraphenilia charge.... so no driving restrictions or anything..just a fine... I was jsut wondering about some opinions... thanks for the reply.
 

The Occultist

Senior Member
If you're asking about acts of leniency, that can only be decided by the DA and/or the judge, and that is not something we can predict. Odds of it happening are in your favor if this is a first offense for you. You may want to search around for posts made by Senior Judge, who has quite a comprehensive list of advice for appearing in court.
 

NHfather

Member
loss of licence?

are you kidding me? that maybe the least of your problems did you ever concider your perminnent record having a drug conviction on it? stop you dead in your tracks for a lot of things later on in life
 

BustedInVA

Junior Member
that is why i am asking... yes I am concerned about our licenses. we live together, work together, drive to work together...every single say... if we don't have those, what are we supposed to do, you know. we don't live in a place where there are cabs and buses to just ride to our jobs. anyway. I posted to get some infomation about what I should do... I am concerned about waht might happen..and yes i am concened about it on my record.. that is why i asked for help or opinions or anything about what i should do...since i have never been in trouble before... ever. however, I have already talked to a lawyer..and i am sure hoping he will help me out with something.
 

seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

jspinsr

Junior Member
I'm from VA also and i just had court on the 4th for possession of mj......

I got -1 yr active probation
-restricted license for 6 months(i can drive to my job and probation)
-24 hrs. comm. service
-Oh and can't forget about the $525 fee for drug screenings, $100 fee for 24hrs of comm service and $141 court cost(yes, you have to pay for your own drug screenings and comm service)


My advice is.....hire a damn good lawyer and try to get the charge lessened to a drug paraphernalia charge, this way your license will not be taken away. oh and make sure your parents know, mine were pretty pissed but they will help you out anyway they can.

also, after I complete all of the above i can get this charge expunged(sp?) from my record, which means i can answer "no" on a job application if it asks "have you ever been convicted of a crime?" this is really the only good thing about this mess..

hope this helps you out, I know it sounds horrible but try to stay positive about it and keep your head up.
 
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BustedInVA

Junior Member
well.. i live by myself... not with my parents.. i did get a lawyer... he said it should be no problem getting the parephenilia charge.. 600 for the lawyer and like 200 for the fines... no driving restrictions or anything. the charges you got..with hte probation and stuff.. that is so there is NO charge on your record after all the probation and restrictions are up. hope mine goes a bit better. the lawyer said that since we both have a job (together same place) and we both live in the same place (same address) they can probably get no driving restrictions for that reason. with proof that is.. so i hope it works out. oh yeah..the reason for the paraphenilia charge... we do not have jobs (family business) that require the "no" on the application, i guess this jsut helps us in our situation a little better.
 

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