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possession of marijuana, first offense

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ndjonez

Junior Member
What is the name of your state? Michigan
I was recently pulled over for not having a license plate light, and the person in my backseat, for some reason, decided to pull out his bag as the cop was approaching my car. the cop stopped at his window before he got to mine, and asked what he was holding. After the guy was taken out of my car for holding a bag of pot, the officer then had the right to search my car. Since I knew he would find something in my glovebox, I decided to cooperate 100% and told him where my pipe and bag were, to better my chances of walking away from this conviction with the least amount of punishment possible. We were then both taken to the station to be fingerprinted and written up citations. However, during the whole situation, I was never read my rights but the officer began asking questions as to where i bought my pot while at the station. I refused to talk about it, and from what i think i understand, the officers cant ask me anything other than my personal information without reading my rights? This is my first conviction, and if there is any way to get the case dropped because of unnecessary or inproper procedure, I would definitely like to know. Otherwise, would attempting to drop clean at the court date and pleading innocent in order go for the diversion program be the best option? and if i do drop clean, what would that mean as far as my punishment?? please help me!
 


seniorjudge

Senior Member
ndjonez said:
What is the name of your state? Michigan
I was recently pulled over for not having a license plate light, and the person in my backseat, for some reason, decided to pull out his bag as the cop was approaching my car. the cop stopped at his window before he got to mine, and asked what he was holding. After the guy was taken out of my car for holding a bag of pot, the officer then had the right to search my car. Since I knew he would find something in my glovebox, I decided to cooperate 100% and told him where my pipe and bag were, to better my chances of walking away from this conviction with the least amount of punishment possible. We were then both taken to the station to be fingerprinted and written up citations. However, during the whole situation, I was never read my rights but the officer began asking questions as to where i bought my pot while at the station. I refused to talk about it, and from what i think i understand, the officers cant ask me anything other than my personal information without reading my rights? This is my first conviction, and if there is any way to get the case dropped because of unnecessary or inproper procedure, I would definitely like to know. Otherwise, would attempting to drop clean at the court date and pleading innocent in order go for the diversion program be the best option? and if i do drop clean, what would that mean as far as my punishment?? please help me!
If you refused to answer any questions, then there is nothing to contest.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

garrula lingua

Senior Member
Some cops/DAs, correctly, don't give a damn if Miranda wasn't followed in some cases.

If the case is solid & there's enoe evidence to convict, cops can go ahead and question the defendant, even if he wants a lawyer.

So what ?
The information defendant gives isn't to be used in court. Big deal.
A lot of good info on other criminal activity is gained.
The defendant gets convicted anyway, because his statements weren't necessary to convict him.

People, get Miranda out of your head as a 'magic bullet' defense.
 

ndjonez

Junior Member
alright, so i was wrong about the rights. i thought i might be, but i wasn't sure, so thanks for clearing that up. anyone have any useful adise??
 

Labtec600

Member
ndjonez said:
alright, so i was wrong about the rights. i thought i might be, but i wasn't sure, so thanks for clearing that up. anyone have any useful adise??

Dont smoke weed?

Chances are, unless the judge hates pot heads or if you're an ass to him, you'll just get some basic sentence where you have to complete some steps (IE no drugs, random drug tests, drug classes, community serivce, etc.) and the charge wont show up on your record.

Something along those lines.
 

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