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Possesion Charges

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zakmayn

Junior Member
I was recently caught with almost a ounce of marijuana in a canister with a couple of plastic baggies(the ones from Michaels bought for crafts) in the same canister. The officer questioned me without reading me my Miranda rights and I told him I was selling in order to get my aunt in a rehab program. He also found two vyvance pills which were not under a prescription, he did not however find my scale. If the officer denied that he did not read me my rights would it be possible to convince a judge or jury I'm telling the truth, and would it be possible to convince a judge or jury that I just bought the ounce in specific just to smoke on 4/20 or for chromic pain? I also wanted to add I'm 19 yrs old, I go to a community college in Maryland and it was my first time being arrested and ran through the system.
 


Silverplum

Senior Member
I was recently caught with almost a ounce of marijuana in a canister with a couple of plastic baggies(the ones from Michaels bought for crafts) in the same canister. The officer questioned me without reading me my Miranda rights and I told him I was selling in order to get my aunt in a rehab program. He also found two vyvance pills which were not under a prescription, he did not however find my scale. If the officer denied that he did not read me my rights would it be possible to convince a judge or jury I'm telling the truth, and would it be possible to convince a judge or jury that I just bought the ounce in specific just to smoke on 4/20 or for chromic pain? I also wanted to add I'm 19 yrs old, I go to a community college in Maryland and it was my first time being arrested and ran through the system.
You're all over the place with your "stories." You need an attorney, and do not discuss this with anyone except your attorney.
 

FlyingRon

Senior Member
Had you already been arrested? Police are free to question you all they want without any warnings provided you are not in custody. Further, even if they forget to Mirandize you, it only jeopardizes things discovered from your statements AFTER the point when you should have been warned. It's not a universal "get out of jail free" card.

You are in deep trouble. You NEED an attorney. If you are indigent, you should ask for a public defender. Felonies are nothing to sneeze at.

While the state permits you to raise medical use as an affirmative defense on a simple possession trial, it's not a given there. Maryland is far tougher than the laughable situation in some other states. You need to show medical NECESSITY. Further, it doesn't get you out of being convicted of the misdemeanor, just caps the penalty at $100. Being convicted of drug misdemeanors is nothing to sneeze at either. It can really jeopardize things like financial aids and subsequent job opportunities.

The pills are felonies even without intent to distribute.

Again, you need an attorney.
 

dave33

Senior Member
I was recently caught with almost a ounce of marijuana in a canister with a couple of plastic baggies(the ones from Michaels bought for crafts) in the same canister. The officer questioned me without reading me my Miranda rights and I told him I was selling in order to get my aunt in a rehab program. He also found two vyvance pills which were not under a prescription, he did not however find my scale. If the officer denied that he did not read me my rights would it be possible to convince a judge or jury I'm telling the truth, and would it be possible to convince a judge or jury that I just bought the ounce in specific just to smoke on 4/20 or for chromic pain? I also wanted to add I'm 19 yrs old, I go to a community college in Maryland and it was my first time being arrested and ran through the system.
" I was selling to get my aunt into a rehab program" ?????? This is called a confession. Toast.goodluck.
 

CdwJava

Senior Member
I was recently caught with almost a ounce of marijuana in a canister with a couple of plastic baggies(the ones from Michaels bought for crafts) in the same canister. The officer questioned me without reading me my Miranda rights and I told him I was selling in order to get my aunt in a rehab program.
As previously mentioned, Miranda is generally only required when you are under arrest. If he discovered the dope and then asked you about it BEFORE any arrest, then you confessed to trafficking right there! And, also as previously mentioned, even if you were in cuffs and they failed to Mirandize you, all that happens is that the confession gets tossed.

He also found two vyvance pills which were not under a prescription, he did not however find my scale. If the officer denied that he did not read me my rights would it be possible to convince a judge or jury I'm telling the truth, and would it be possible to convince a judge or jury that I just bought the ounce in specific just to smoke on 4/20 or for chromic pain? I also wanted to add I'm 19 yrs old, I go to a community college in Maryland and it was my first time being arrested and ran through the system.
So, you are charged with possession of prescription drugs as well as marijuana? Ouch!

Note that your attorney is almost certainly NOT going to let you take the stand and admit to taking or possessing squat! If I had to guess, I'd say a negotiated deal to diversion (probation, rehab and drug testing) are in your near future.
 

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