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Marijuana Possession caught in a parking lot.

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Swiftstriker

Junior Member
State: California

A cop decides to pull around in a dark parking lot one evening. He shines a light into my vehicle and decides to interrogate us. He already makes the assumption that there is marijuana in the car because he claims to have smelled it. He then asks me to get out of my vehicle and comply to his orders. I do comply to his orders (searching me, hand behind my back, etc.)... however, i never testified to any of his questions whatsoever. In fact, he asked to search my vehicle, I said "I do not consent to you searching my vehicle". He would also come to ask for example, "Are you guys smoking marijuana?", my friend and I would then keep quiet. My point is that it was obvious that there was marijuana present as well as a pipe. The cop asks me if own any of them, i don't say anything. As much as he tried for me to say "yes", I never did. My friend however, told that there was pipe present in the vehicle. Big mistake. The cop then searches through my passenger side... he would find the bud 10 minutes later in a case which holds the piece. We we're detained inside the police officers vehicle, he told me that i was put under arrest after all that, he DIDN'T read me my Miranda rights... but he did tell me i was put under arrest. I was never cuffed either. My friend got away with nothing... although he did have a past DUI. I was never convicted for anything before... so the cop decides that he would write me a ticket. He did mention that I was under arrest and everything, so it would appear on my criminal record. I felt so bad to hear it... I know I am no criminal. Just like most others... I want my record clean...

Questions that I need help to be answered:
What are my chances of surviving this one? I have misdemeanor, I must show up in court as i signed to do so on the ticket, what do I do from there, find a lawyer maybe? I need some tips how to situate this dilemma... how should i prepare for this on my own and what charges should i expect if found guilty? Should i plea or not plea (based on your opinion)? How do I clear it from my record? Anything else would helpful as well....

Things he finds:
A couple lighters, eyedrops, wallet, cellphone, pipe, less than a gram of weed, keys, water bottles.

My opinion: I think I did alright. I wasn't nervous... but i was concerned. It was almost like an interview at work and your speaking with a boss who doesn't want you to pass the interview to get a job. I told him i was a business major and still attending school... his action was probably to stop me from trying to smoke by giving me advice about school. The funny thing was he was ranting about college and how he never attended college but knew everything about the law. In my mind, I was like..."thats grreeeat. But im in college and i smoke, thats just who I am". Of course, it was all in my mind.

I appreciate your time reading this and your concern.What is the name of your state?What is the name of your state?
 


CdwJava

Senior Member
A cop decides to pull around in a dark parking lot one evening. He shines a light into my vehicle and decides to interrogate us.
That's what cops do ... investigate suspicious activity. Being parked in a dark parking lot surrounded by clouds of aromatic, herbal smoke is suspicious.

He already makes the assumption that there is marijuana in the car because he claims to have smelled it.
If anyone HAD been smoking it in the last day or so, he probably did. Marijuana has a distinct odor and it can be smelled very easily. When smoked frequently in a car, it will wreak for weeks - on clothing, too.

My point is that it was obvious that there was marijuana present as well as a pipe.
Oops. That's a green light for the cops to look further.

The cop then searches through my passenger side... he would find the bud 10 minutes later in a case which holds the piece.
Oops.

he DIDN'T read me my Miranda rights.
Miranda is only required AFTER you are in custody and when the officer is interrogating you ... that did not appear to happen here.

so the cop decides that he would write me a ticket.
That's all he could do for possession of marijuana. It is a misdemeanor punishable only be a fine and not by jail.

He did mention that I was under arrest and everything, so it would appear on my criminal record. I felt so bad to hear it... I know I am no criminal. Just like most others... I want my record clean...
Don't worry. Marijuana possession is the ONLY crime in CA that disappears after two years pursuant to statute. No other crime is automatically expunged in such a way.

What are my chances of surviving this one? I have misdemeanor, I must show up in court as i signed to do so on the ticket, what do I do from there, find a lawyer maybe?
Consulting an attorney is always a good idea.

I need some tips how to situate this dilemma... how should i prepare for this on my own and what charges should i expect if found guilty?
A fine of $100 (with fees and assessments you can expect to pay about $200-250 depending on jurisdiction).

Should i plea or not plea (based on your opinion)? How do I clear it from my record? Anything else would helpful as well....
Consult an attorney.

In my mind, I was like..."thats grreeeat. But im in college and i smoke, thats just who I am". Of course, it was all in my mind.
You realize, of course, what that weed is doing to your mind, right?


- Carl
 

justalayman

Senior Member
Swiftstriker;1708334] I was never cuffed either.
Do you havea fetish where this would have been prefferable? I am sure if you act like a jerk and are kind of twitchy, they will cuff you next time. Keep that in mind.

He did mention that I was under arrest and everything,
That is a good officer to clarify things for you. We get so many posters here that question whether they were arrested or not.

it would appear on my criminal record
tha is what happens to criminals. Listen to Carl though, you seem to be lucky enough to live in Cali where it will dissappear eventually all by itself..

I felt so bad to hear it... I know I am no criminal.
This is where you are mistaken. When you break the law, you are a criminal. You admit to breaking the law so that makes yo a criminal. Makes sense, doesn't it?

Just like most others... I want my record clean...
that is why I do not break the law and because of that, I have a clean record.



My opinion: I think I did alright.
My opinion; you didn;t because you were breaking the law.

I wasn't nervous... but i was concerned.
Good, that means you have some sense of right and wrong. If you were nercous, that would have been even better

Of course, it was all in my mind.
that is one of the problems of getting stoned; reality and fantasy become blurred. Take that as a warning you need to stop.

Take heed to Carls suggestions and info. That is the most straight forward and correct free advice you are going to get, either on this forum or most anyplace else.
 

CourtClerk

Senior Member
Carl's answer was great... I will only make 1 adjustment:

A fine of $100 (with fees and assessments you can expect to pay about $200-250 depending on jurisdiction).
P&A's just went up again beginning of the year. $100 fine w/ PA's and court costs will run the OP somewhere between $360 - $380 depending on jurisdiction.

Don't you LOVE the CA justice system?
 

CdwJava

Senior Member
P&A's just went up again beginning of the year. $100 fine w/ PA's and court costs will run the OP somewhere between $360 - $380 depending on jurisdiction.

Don't you LOVE the CA justice system?
Our local court has the total at $285, I believe.

- Carl
 

outonbail

Senior Member
Don't you LOVE the CA justice system?
I know of people in Nevada doing as much as a year for this small a quantity of marijuana. Of course it was after being busted for pot multiple times. But I can tell you these people would love to sign a ticket and dish out four hundred bucks rather than having to sit in county jail for several months on a charge of marijuana possession. I also understand that most of the marijuana in California is of a higher quality than what they're puffing on in Nevada, so CA has to be the win/win state when it comes to marijuana.

So the OP certainly should LOVE the CA justice system!
 

MS2000

Junior Member
Carl, "You realize, of course, what that weed is doing to your mind, right?"
justalayman, "that is one of the problems of getting stoned; reality and fantasy become blurred. Take that as a warning you need to stop."

I smell some bs and some "i know all about drugs crap blah blah". All you people sound the same...

Geez, this dude didn't want to be lectured about how "bad" weed is; especially by non-smokers. He never asked for your opinion on that. So, STOP and Light up a joint. :)

All this guy wants to know are his options, now that this happened.
 
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CdwJava

Senior Member
justalayman, "that is one of the problems of getting stoned; reality and fantasy become blurred. Take that as a warning you need to stop."

Kinda tell you've never been there. All you people sound the same...
"all you people"? I guess by that you mean, sober, law-abiding people? :rolleyes:

Geez, this dude didn't want to be lectured about how "bad" weed is; especially by non-smokers. He never asked for your opinion on that.
Gee, too bad - he got one line from me asking if he knew the effects it had on his brain in an entire post about his legal predicament. Wow, my bad for being so judgmental! :eek:

How about you two stop pretending how "bad" maijuana is and light up a joint.
Nah - I like my job. And smoking marijuana IS still a crime ... AND it is bad for you.

Oh, and how do you know that neither of us HAVE ever tried it before? I WAS a teen in the 70's, after all ... so, maybeeee .... :cool:

All this guy wants to know are his options, now that this happened.
Which was precisely what was provided to him.

- Carl
 
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justalayman

Senior Member
[/QUOTE]It was a bit tongue in cheek but I will tell you, I have been around stoners for a very long time and their perception of right and wrong and reality are definately a bit skewed.

Kinda tell you've never been there. All you people sound the same...
Geez, this dude didn't want to be lectured about how "bad" weed is; especially by non-smokers. He never asked for your opinion on that. How about you two stop pretending how "bad" maijuana is and light up a joint. :)
I had one of the most enlightening discussions with a very close friend that happens to have smoked for many years. (probably more than you have been alive). We were discussing how safe a stoner is if the smoked the day before. I said it doesn't seem like it would be a big problem. He said, very matter of factly, "if I know a guy working next to me was smoking yesterday and there is anything that involves safety, I will refuse to work next to him. I don;t care who tells you what but there are definately still effects the next day after smoking". So, since I got it from a person that close and he actually was more bothered by it than I was, I tend to take his word on it.


All this guy wants to know are his options, now that this happened.
he got his options from Carl. I was just screwing with him.
 

Swiftstriker

Junior Member
Thanks.

I truly appreciate your responses and concern to my dilemma. :)

Now where can i find a decent attorney in San Dimas, California. Anyone got suggestions to find one?
 

fairisfair

Senior Member
Carl, "You realize, of course, what that weed is doing to your mind, right?"
justalayman, "that is one of the problems of getting stoned; reality and fantasy become blurred. Take that as a warning you need to stop."

I smell some bs and some "i know all about drugs crap blah blah". All you people sound the same...

Geez, this dude didn't want to be lectured about how "bad" weed is; especially by non-smokers. He never asked for your opinion on that. So, STOP and Light up a joint. :)

All this guy wants to know are his options, now that this happened.
OMG, you are exactly the reason that everyone thinks that smokers are stupid.
 

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