possession of old marijuana pipe

[pleasehelpme]

What is the name of your state? NC. A friend of mine is in a terrible situation. She called the police to her house to remove her abusive husband, who was ordered to leave by Court Order. When the police arrived at her house, her husband pulled out an old box containing a marijuana pipe and some seeds and said they were hers. She hadn't seen the box for years and doesn't smoke anymore. When the officer asked if it was hers, she, without thinking, said yes. The officer didn't give her a ticket, but took the box and her husband and left. A month later she receives a ticket for possession of the pipe and marijuana seeds. She is trying to get full custody of their son, due to her husband's abuse and drinking, and is scared. Pease advise as to what she should do.

 

[seniorjudge]

What is the name of your state? NC. A friend of mine is in a terrible situation. She called the police to her house to remove her abusive husband, who was ordered to leave by Court Order. When the police arrived at her house, her husband pulled out an old box containing a marijuana pipe and some seeds and said they were hers. She hadn't seen the box for years and doesn't smoke anymore. When the officer asked if it was hers, she, without thinking, said yes. The officer didn't give her a ticket, but took the box and her husband and left. A month later she receives a ticket for possession of the pipe and marijuana seeds. She is trying to get full custody of their son, due to her husband's abuse and drinking, and is scared. Pease advise as to what she should do.

I think you should plead guilty.


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.

 

[outonbail]

What is the name of your state? NC. A friend of mine is in a terrible situation. She called the police to her house to remove her abusive husband, who was ordered to leave by Court Order. When the police arrived at her house, her husband pulled out an old box containing a marijuana pipe and some seeds and said they were hers. She hadn't seen the box for years and doesn't smoke anymore. When the officer asked if it was hers, she, without thinking, said yes. The officer didn't give her a ticket, but took the box and her husband and left. A month later she receives a ticket for possession of the pipe and marijuana seeds. She is trying to get full custody of their son, due to her husband's abuse and drinking, and is scared. Pease advise as to what she should do.

She could have a drug screen done to determine is she has used recently. The hair follicle test can determine if she's used in the last several months. (about six months I believe) This would be the test to take in order to show her claim of not using any more has merit. How long has it been?

Do you think it is wise for her to have an "old" marijuana pipe and seeds lying around with children in the house? If she no longer uses marijuana, why not destroy it or throw it out?

 

[seniorjudge]

She could have a drug screen done to determine is she has used recently. The hair follicle test can determine if she's used in the last several months. (about six months I believe) This would be the test to take in order to show her claim of not using any more has merit. How long has it been?

Do you think it is wise for her to have an "old" marijuana pipe and seeds lying around with children in the house? If she no longer uses marijuana, why not destroy it or throw it out?

Tell me you didn't really believe that post.

 

[pleasehelpme]

The box was from the 80's. She said she didn't even know it was there, and had forgotten about it completely until her husband pulled it out. I don't know for sure, but I would guess that she hasn't smoked marijuana in over a year.

 

[pleasehelpme]

Tell me you didn't really believe that post.

Your Honor, it is true.

 

[calatty]

First, she should never just plead guilty. She should get a lawyer. Most states have diversion-type programs that allow you to avoid conviction if you complete a period of probation. For purposes of a law violation, it is totally irrelevant when she last smoked because it is illegal to possess paraphernalia and seeds even if she never smoked pot in her life. It will be relevant in a child custody proceeding. If her husband claims she currently smokes pot on a regular basis, it could certainly affect custody. If no one disputes that it has been years since she smoked, it should not have any effect on her ability to gain custody.