consumption and possession questions: need answers

[ross789]

hi. i live in nort carolina and i got charged with consumption under age 19. a couple weeks later i got a possession under half ounce charge and another consumpion charge. im trying to combine the court dates so i only have to pay court fees once. the court fees are 125 but im wondering how much i might have to pay for my charges and what punishments i might get? i am 17 and these are my first offenses. i dont have enough money for a lawyer. i think they might have illegaly searched me the second time because they randomly pulled me over on the sidewalk while i was walking and said "whats in your bag?" and before i could say anything, she was feeling on my bag and opened it without my permission. there was an empty bottle of alcohol which made them breathalize me and get consumption. they also found a little bit of weed. how should i handle this in court by myself? can i get out of anything? and what is the best deal i can get? thanks for your help!

 

[ERAUPIKE]

hi. i live in nort carolina and i got charged with consumption under age 19. a couple weeks later i got a possession under half ounce charge and another consumpion charge. im trying to combine the court dates so i only have to pay court fees once. the court fees are 125 but im wondering how much i might have to pay for my charges and what punishments i might get? i am 17 and these are my first offenses. i dont have enough money for a lawyer. i think they might have illegaly searched me the second time because they randomly pulled me over on the sidewalk while i was walking and said "whats in your bag?" and before i could say anything, she was feeling on my bag and opened it without my permission. there was an empty bottle of alcohol which made them breathalize me and get consumption. they also found a little bit of weed. how should i handle this in court by myself? can i get out of anything? and what is the best deal i can get? thanks for your help!

Search was not illegal, I am not sure what would make you think it was. It is always strange how individuals like yourself are persecuted at the exact moment you were breaking the law. I hope you are ready for the impact of the book that the judge will be very tempted to throw at you. You can expect some sort of probation, substance abuse counseling, community service, fines, and a suspended sentence of confinement at the least. There is also a very real possibility of jail time looming over your head at this moment.

 

[ross789]

i thought it was illegal because they didnt have probable cause and i wasnt doing anything at the time

 

[ERAUPIKE]

i thought it was illegal because they didnt have probable cause and i wasnt doing anything at the time

You were doing something at the time, you were charged with two violations of the law. Do you assume it was just a lucky guess? You may want to research what a Terry frisk is or even just learn to spell "illegally" before you assume that you know what you are talking about. You are headed down the road to spending years in prison very early in life, you have a wake up call to turn yourself around now. The choice is yours.

 

[Some Random Guy]

As ERAUPIKE said, a Terry search does allow for a pat-down search for weapons. If they find something that they believe to be illegal during that search (like the outline of a liquor bottle), then they have probable cause to investigate further, especially if they smell alcohol on you.

If you want to have any chance of fighting this, you need a lawyer who can get the police report and review their reasoning for the search. But it is doubtful if you will get anywhere with the suppression of the evidence unless the police did an exceptionally poor job of explaining their actions.

 

[ross789]

how much do u think i will have 2 pay?

 

[ERAUPIKE]

how much do u think i will have 2 pay?

It really depends on the qualifications of the lawyer and the amount of work they feel they may have to provide. Shop around, most will quote you a price or offer a free consultation.

 

[ross789]

thanks 4 the help

 

[dtrain2]

If you can not afford a lawyer, one will be appointed to you. You may have to pay back the fees once you case is finished. Those fees would be added to all your fines. Usually you will be allowed to set up a payment plan.