marijuana possession and paraphernalia charges

[browned14]

I am currently going to college in Michigan, although I am normally a resident of Illinois. I was riding in a car with two friends yesterday when a police officer pulled us over because he "paced" us going 11 mph over the speed limit. When my friend reached for registration and insurance information in the glove box, the officer saw the small red bag one of my friends keeps his bubbler in. He asked what was in it, then told my friend to open it and found his bubbler. We were then emptied out of the car and searched one by one. The officer found three bags of weed in the back seat of the car. After questioning us for a while, he agreed to make a deal with us. He drove us back to the station and led us into a room where he read us our rights and we sat for a while and talked about ways to bring in the dealer we bought from. One of my concerns is that he was just trying to get us to admit guilt, although he did seem pretty sincere at the time, that he was trying to help us. According to the deal we worked out right before he drove us back to our car, all charges would be "void" if we helped the police apprehend the dealer within 72 hours. We haven't found the person yet, but I'm fairly confident that we won't have any trouble getting him.

I don't know if it has any bearing or not, but I don't think we were ever actually arrested. At no point were any of us ever finger-printed or photographed, and there was no talk about bail or a court date, although we were each given a ticket that the police officer wrote. Also, it would be best if I could get through this without hiring a lawyer, because my parents don't know about it yet. If I have to hire a lawyer, or pay more than a few hundred bucks on fees or fines, I'll have to come clean with my parents, which would be a horrible experience.

Any advice, legal or just opinion, is appreciated.What is the name of your state (only U.S. law)?

 

[cyjeff]

NEVER NEVER NEVER negotiate ANYTHING with the police without an attorney present.

You negotiated a plea deal with a cop... Officers do not have the authority to offer a plea deal.

Yup... you got played.

That ticket you received? Yeah, that was your arrest. You don't have to be fingerprinted for every infraction.

You do realize that a drug conviction will jeopardize your student loans, right?

 

[browned14]

I was researching online and i came up with this 7411 thing. It sounds like this is something that does happen sometimes. Do you think that there is really no chance we could just get everything dropped?

The fifth paragraph down is what I was looking at.

Possession of Narcotics Paraphernalia in Michigan - Even a Pot Pipe? - Michigan Criminal Defense Lawyer Blog

 

[quincy]

What, exactly, does it say on the ticket you received?

 

[browned14]

The two charges are "possession of marijuana" and "possession of drug paraphanila" (that isn't a typo, that's just how he spelled paraphernalia lol). Both of the charges are labeled as misdemeanors and I have no prior arrests.

 

[cyjeff]

The two charges are "possession of marijuana" and "possession of drug paraphanila" (that isn't a typo, that's just how he spelled paraphernalia lol). Both of the charges are labeled as misdemeanors and I have no prior arrests.

what were the numbers next to the charges?

 

[quincy]

Whenever you are faced with misdemeanor charges and the possibility of jail time (a possession conviction can result in jail time up to 1 year), you are wise to have an attorney. A misdemeanor on your record will mean that you cannot freely travel to Canada, you can find employment opportunities limited, and a misdemeanor can affect your ability to get loans.

You will probably be offered a "conditional" discharge of your possession charges through a diversion program. During what is usually a 6 month probationary period, you will be required to complete 300+ community service hours, attend drug education classes and there can potentially be random drug testing. If you meet all of the terms of the program within the probationary period, and if you do not commit any other drug, alcohol or other offenses during this time, then all charges against you are dismissed and you will not have a misdemeanor on your record.

If you were stopped by police in Ann Arbor, different laws may apply.

 

[browned14]

Charge 1: Misdemeanor - Possession of marijuana - Offense Code 42-1346

Charge 2: Misdemeanor - Possession of drug paraphernalia - 4075

There is also a .321 in a box to the left of each charge with an unchecked check box that says "Authorization Pending", which I don't know what it means.

 

[browned14]

Yea, I wish this had happened in Ann Arbor. I have a friend who is going there next year for school. He said there is only a small fine if you are caught.

 

[quincy]

Yes, in Ann Arbor it can, in some cases, result in just a $25 fine.

In what Michigan city/county were you stopped and ticketed? Were you on-campus when you were stopped?

Many attorneys located in or near Michigan college towns will offer "student discounts" and payment plans for students who have received drug or alcohol tickets. I recommend that you contact an attorney in your area to review the facts of any agreement you may have made with the police, and to help ensure that you are offered the diversion program when you go to court.