poss of marijuana, para

[aesheldon3]

What is the name of your state (only U.S. law)? AZ
I have lived in this house for 2 1/2 years, smoking marijuana the whole time. I am a single mom with a 13 yo son. Sometimes I yell to make my point. I have never hit my children, ever, nor have I ever been accused. With my new neighbor, she's called twice. When they came the other night, 6 cops came running up to my house because I was parenting and correcting my son for comming home from a school dance 35 mins late, and yes I was yelling at him.

The cops came into my house and started talking to my son while he was in his boxers. I told them he is 13 and they could not talk to him until he put his shorts on. They badgerd him, calling him a juvenille delinquent. They when he came out of his room, not when he went in, one of the six officers went into his room and found my resin only filled bowl. I did end up giving them my 1 bud as well. I was ultimately cited with poss of marijuana and poss of para.

Was it a legal search and seizure? If not what do I do? If so, what can I expect?

 

[The Occultist]

What is the name of your state (only U.S. law)? AZ
I have lived in this house for 2 1/2 years, smoking marijuana the whole time.

You are aware that this is illegal, yes?

I am a single mom with a 13 yo son. Sometimes I yell to make my point. I have never hit my children, ever, nor have I ever been accused. With my new neighbor, she's called twice. When they came the other night, 6 cops came running up to my house because I was parenting and correcting my son for comming home from a school dance 35 mins late, and yes I was yelling at him.

I agree that parents should be allowed to discipline their children, but I also agree that there's nothing wrong with making sure that no abuse is occurring.

The cops came into my house

Did you allow them in? Or did they force their way in after you stated they could not enter?

and started talking to my son while he was in his boxers. I told them he is 13 and they could not talk to him until he put his shorts on.

On this, you are incorrect. There is no law anywhere that requires one to be wearing pants to be questioned by an officer.

They badgerd him, calling him a juvenille delinquent.

Not really relevant to anything.

They when he came out of his room, not when he went in,

I'm not quite sure what message you were trying to convey here; perhaps you could rephrase for clarity?

one of the six officers went into his room and found my resin only filled bowl. I did end up giving them my 1 bud as well. I was ultimately cited with poss of marijuana and poss of para.

They found the paraphernalia in your son's room? Why was it there?

Was it a legal search and seizure? If not what do I do? If so, what can I expect?

I must confess that I am not an expert on searches/seizures, so I cannot give any answer on that except that I do not see anything wrong there.

Assuming there was nothing wrong with the search, the charge itself is not really anything to worry about. The state of Arizona is QUITE lenient on first-time offenders of non-violent crimes (I am assuming, here, that you do not have a record). At your arraignment, if the judge does not offer it, request a Pre-trial conference. At that point, the DA will likely offer you deferred prosecution, which entails some fees/fines, attending a drug class, and a [very] light probation, the successful completion of which will result in the dismissal of the charge(s) against you.

There is, however, one potential problem: you said that the paraphernalia for which you were cited was found in your son's room. If this is the case, you may be facing some troubles with CPS. Unfortunately, this is another area of law that I am not so familiar with.

My advice: seek legal representation. You might think a lawyer is outside of your budget, but one would most certainly be completely worth it as your troubles can very easily get way over your head. A local attorney knows best what the courts want to hear, and as such present the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so you should take advantage of this and sit down with a couple to see what insight they may have to offer.

 

[aesheldon3]

1. Yes, I know that although marajuana is not immoral that it is illegal.
2. Fine to do a welfare check.
3. They forced their way in.
4. My son is 13. Not illegal to question in boxers, but humiliating & wrong.
5. Relevant to me. He is a good kid.
6. He was in his room putting his shorts on. He came out & they walked down the hall and went in.
7. When they came, I set it in there...the 1st door in the house.
8. Reputable, mandated reporters (2) do know the truthful story, as I have laid it out here. When putting politics aside, neither feel as though there was abuse occurring. Neither think that cps has a place here. Both will witness for me. They (cps) are not a big concern for me. I am a good parent, and my kids are very good people. I have a relatively good reputation in my community with professionals and most importantly schools.

I appreciate that you know more than me and are willing to share your wisdom. Not everyone would participate in sharing their knowledge in this fashion. Thank you.

 

[aesheldon3]

Also, is it possible to just go in, plead and get the classes...get it over with. Or must I take all the teeny steps that get me to that place?

 

[The Occultist]

Nothing wrong at all with signing up for the drug class now. It'll go a long way towards making yourself look good for the court but showing that you do want everything taken care of.

 

[aesheldon3]

Thanks again.

 

[The Occultist]

Post back with your results!