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  1. #1
    kristilla is offline Junior Member
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    Aug 2008
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    Possession of Marijuana & paraphenila WA state

    What is the name of your state (only U.S. law)? Washington State..Kittitas County

    So me and my friend were stopped for speeding on I-90. Cop stated he smelled pot, we said no. Then he stated that he did and that my friend and I are now under arrest and can not leave. He said he would give us another chance to 'give' him our pot or he now has the right to search our car and he would be doing a very thourough search.
    We thought that working with the guy would make it easier since we did have pot in our car..we handed over a pipe..had pot hidden inside crown royal bag (which was visiable at time of reaching for pipe) officer was confused since pipe was cold..asked for crown royal bag..handed that over as well as a burned roach (joint), he never searched the vehicle or read us our Miranda rights while 'under arrest'.
    He went back to his car, gave us notice to appear tickets and sent us on our way. Never got the speeding ticket (reason we were originally stopped), never searched our car, never read us our rights, we were never handcuffed. We are both 28 yo, work for a hospital, NO PRIORS..worst one of us has is speeding tickets. We don't live in the county we were stopped in..driving through on way back from vacation.
    Questions:
    likely hood of getting a deferral without using an attorney?
    We have our mandatory appearance on Monday Aug 25..we plan to plead not guilty in order to speak with prosecuter.
    What is the max for both charges for 1st offense..Possession of Marijuana <40 grams and Possession of Paraphenalia?
    What can we do to make ourselves look better in the prosecuters eyes? ie:drug classes, bringing a clean urine test results?

    Thanks for any help!!!
  2. #2
    seniorjudge is offline Senior Member
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    St. Odo of Cluny Parish
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    What statute number are you charged under?
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    kristilla is offline Junior Member
    Join Date
    Aug 2008
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    The Statute codes are as follows...

    Its really hard to read the officers handwriting...but I decipher...

    64 50 401 Possession of Marijuana less then 40 grams
    64 50 412 Possession of Paraphenalia

    Thanks!!
  4. #4
    Peligroso27 is offline Member
    Join Date
    Dec 2007
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    492
    You are less likely to get a diversion program without an attorney.

    Possession of 40 grams or less of marijuana in Washington State is a misdemeanor. RCW 69.50.4014

    A VUCSA related misdemeanor is punishable by a minimum of at least one day in jail and a $250.00 fine and a maximum of 90 days in jail and a $1000.00 fine. RCW 69.50.425.

    Possession of drug paraphernalia in Washington State is a Misdemeanor and is punishable by a mandatory minimum of 1 day in jail and a minimum fine of $250.00.

    The maximum penalty for possession of drug paraphernalia is 90 days in jail and a $1,000.00 fine.

    For conviction, the prosecutor must prove that you used the paraphernalia in conjunction with a controlled substance.

    This can be shown by the presence of drug residue, proximity to certain drug related items (i.e., small zip-lock baggies, large amounts of cash, scales, etc.), or proximity to a controlled substance (i.e., a pipe located next to a bag of marijuana).

    You need an attorney ASAP

    Never got the speeding ticket (reason we were originally stopped)
    You could always ask for one.

    never searched our car
    Didn't need to you gave him the drugs.

    never read us our rights
    Didn't need to

    we were never handcuffed
    Didn't need to be
    Last edited by Peligroso27; 08-21-2008 at 03:59 PM.

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