Intent to sell

[jchartier]

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

Ok well on 8/31/2012, 3 cops showed up to my house on suspicion of narcotics being sold out of my household. I am 16, and when they searched my room, they found 1 Tupperware that i kept some of my weed and pipes and such. It had not even three grams in it, but there was 4 containers each containing a little bit of weed in each. when they found that, they said it looks like i was selling. They kept searching and found 9 more grams of weed, a scale, and a pipe. Then they started talking **** asking how much i sold it for and what not. I kept saying it was for personal use, because it is.

So in total they found about 11-12 grams of weed, a scale, empty bags from old buys, 3 pipes, and a lighter.

The cops had cuffed me but NEVER read me my rights. They talked with me and my mom, and after a while of talking, they turned me over to her. They didnt write a citation or anything, just the police report. The cop said he has to send the report to the district attorney, and then he has no control over whether or not he pursues it. BUT, the cop said he was gonna recommend he does not pursue it. The cop said he was gonna come back whenever he wants to and will drug test me, and if i fail it i will go to jail.

So what im wondering is what are the chances of me getting charged? I have not signed anything or received anything. And what are the chances of the cop coming back? Is that even legal for him to come back to drug test me? What if i refuse to take the test? And what can he charge me with if i piss dirty since im not on probation or anything of that sorts?

 

[CdwJava]

So in total they found about 11-12 grams of weed, a scale, empty bags from old buys, 3 pipes, and a lighter.

So ... none of the bags were used to package and give away or sell any to your friends? The scale was simply for decoration?

The cops had cuffed me but NEVER read me my rights.

Miranda is generally only required when you are both in custody and being interrogated. Probably about 9 in 10 arrests will never require Miranda.

They talked with me and my mom, and after a while of talking, they turned me over to her. They didnt write a citation or anything, just the police report.

That's because you are a juvenile. Had they chosen to they could have taken you to juvenile hall, but you would likely have been released to mom or dad later.

The cop said he has to send the report to the district attorney, and then he has no control over whether or not he pursues it. BUT, the cop said he was gonna recommend he does not pursue it. The cop said he was gonna come back whenever he wants to and will drug test me, and if i fail it i will go to jail.

Interesting ... though you could refuse a drug test if you wanted to unless it is a condition of probation, and if juvenile probation and the DA does not pursue the case then no such requirement would exist. But, mom might allow it or even have it done herself.

So what im wondering is what are the chances of me getting charged?

No one can say. In theory, they might have up to 3 years to file. From a practical perspective if it has not gone anywhere in 6 months you might consider yourself lucky.

Consider this a warning and take the opportunity to get clean and sober.