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Marijuana & Paraphernalia Charges

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Skeigh

Junior Member
What is the name of your state (only U.S. law)?
California, however, the arrest was made in Utah

Charges:
Birth Date: 10/18/90
Address : - edited out -
Arrest Time/Date Arrested By Agency
16:28:00 12/16/09 Williams, David SGPD

Statute Offense Class Court Required Bond Amt.Paid
41-6a-1803(1a) SEAT BELT VIOLATION IN WCJ7 45.00 45.00
58-37a-5 POSSESS PARAPHERNALIA BM WCJ7 402.00 402.00
58-37-8(2)d DRUG-MARIJUANA UNDER BM WCJ7 587.00 587.00

Story:
I was with a coworker of mine, Tony, who was driving my car. We get a call from another one of our coworkers, Vanessa, who wants to be picked up inside of a Target parking lot.

While driving by Target the first time, there were "Security Guards" (actually police bike patrol, but assumed they were security guards at the time because they were directly in front of the Target's entrance) pointing at my car and license plate (california plates). We drove by a second time to find my coworker, Vanessa. Found her and picked her up. On our way out of the parking lot we noticed that a "Security Guard" was following us on his bike, but paid no attention to it because we were leaving the parking lot and figured he was Target Security.

We drive back onto the main street and see two other "Security Guards" (the same ones that were in front of the Target entrance pointing at my car) on the side of the road pointing at us. We had no idea that they were actually Police Officers at the time, mainly because of where I live there are literally no Police Officers/Sheriffs that ride around on bikes. Let alone Police Officers that are on duty that wear black pants and white shirts, dressing up exactly how a Security Guard would. Twenty seconds after we pass by the other Police Officers on their bikes we are pulled over by a black & white.

While being pulled over, I had no idea that there was a Police Car pulling us over and took off my seatbelt, opened the door of the car, and go out. Immediately following of course I was ordered to get back into the car.

Once the Police Officer was up near the car he told us to roll the windows in the car down and we turned off the car and put the keys on the top of the dashboard.

Tony, my coworker, was driving my car with a suspended license. It was my car, so I told them that it belonged to me and I gave them my license and registration for the car. We were told to get out of the car, which of course we did. More Police Officers started showing up. They stuck their head into my car and said they smelled Marijuana inside of the car, asked me if I had anything illegal inside of the car. I said, "I'm not sure if it's illegal, but I have a smoking pipe inside of the car." I got up and showed them where it was, and sat back down on the curb. From there just more questioning, or fake questioning along the lines of, "I thought you said you had nothing illegal in the car? How can you explain the bottle of hard alcohol in the back seat." etc. (no alcohol in the back, just for readers information)

I was then asked for permission to search my car, I said I do no consent with a reply from the officer of, "Well actually that was just a polite way of asking, we're going to do it anyway."

So they searched my car and found another two pipes that I had no idea were in my car at the time (my car is extremely messy, have not had the inside of it cleaned since I've had it, 14 months). There was really no way of me knowing that I had that other paraphernalia inside of the car, truthfully. Of course it was in there anyway so there's nothing I can do about it now.

Then I was arrested and was taken back to booking.
If you looked above at the charges you'll notice that the Marijuana charge says that I was under the influence of Marijuana. However, there was absolutely no drug testing done while I was in booking. I also plan to go to an Urgent Care and get a drug test done on Monday (Dec. 21 2009) to refute the Marijuana charge for further proof.

On top of all of this, I'm not sure if it matters or not but I was never read my Miranda Rights at any given time from the point of being pulled over to my release from booking.
 
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cyjeff

Senior Member
What is your legal question?

Oh, and remove your name from your post... you really don't want a future employer googling your name and seeing this, do you?
 

Skeigh

Junior Member
What is your legal question?

Oh, and remove your name from your post... you really don't want a future employer googling your name and seeing this, do you?
Wondering what actions I should be taking, or if I'm already taking the correct actions.
 

Skeigh

Junior Member
You didn't mention any actions you were taking.
I mentioned that I was going to be taking a drug test to dispute the Marijuana charges

As for the next step, I'm not quite sure because as you can see from my DOB I'm only 19 and this is my first time having to deal with the courts
 

cyjeff

Senior Member
I mentioned that I was going to be taking a drug test to dispute the Marijuana charges

As for the next step, I'm not quite sure because as you can see from my DOB I'm only 19 and this is my first time having to deal with the courts
you need an attorney.

If you cannot afford one, plead not guilty and ask for a public defender.
 

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