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possession w/ intent to sell

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UrbanDweller

Junior Member
Los Angeles, CA

juvenile 17 yrs - first offense, no previous record
Well it all started out when I was picking up my buddy from school. I had about 20 g of dope in the passeger area of the car and a little dime baggie that I had grinded for a joint in between the seat, and a glass pipe. I also had scale and a baggie pouch for some pipe screens in the trunk. i went to go wait for my buddy about 5 min before school got out and in that time period someone reported to the school staff that they smelled marijuana from my car. so by the time school got out i went to my car with 2 friends and we started to roll out when he said he needed a screen for his pipe, so i parked around the corner and went to the trunk, grabbed a screen, and by the time I got back in car a vehicle with "school safety" on the side rolled up beside me. a guy with a uniform and badge asked me to step outside the vehicle, and he looked like a cop so I just cooperated with him. he said he smelled the marijuana so I just told him i had weed, he immediatly searched the car, found the weed/dime/pipe and asked if there was anything else which is when i said the scale in trunk. I had it locked in safe because it was expensive, so i opened the trunk and punched in the code and opened the safe. he found the scale and the baggies. he called in the sheriff who came and placed me in his cruiser without reading me any rights and started to asked questions/write police report. they took me to the station and booked me for sales. they eventually released me to my parents because I was a juvenile and said im most likely looking at probation. ive never been arrested before, I have my diploma and I just started college, i also work at fast food. im mostly worried about my record, so I just got a few questions:

is there a chance of dropping charges to possession since scale/baggies was not found with marijuana?

what is the possibly of dropping charges to poss with a private attorney?

the cop read me by rights, but not until after he wrote his police report, is that legal?

how long will it be before my record can be expunged?

if my record is sealed, say 5 years from now what will happened if im caught with just possession?

thank you any advice would be appreciated
 


Some Random Guy

Senior Member
is there a chance of dropping charges to possession since scale/baggies was not found with marijuana?
You had a scale and baggies in your car secured in a safe. I can't believe you think that this will be dropped because the MJ was five feet away from this. Get a lawyer.

what is the possibly of dropping charges to poss with a private attorney?
Far, far better than without

the cop read me by rights, but not until after he wrote his police report, is that legal?
Absolutely. He already had enough evidence to hang you. Speak to your lawyer about any statements you made to the police before your rights were read.

how long will it be before my record can be expunged?
Worry about the penalty for sales first, then worry about expungement.
 

UrbanDweller

Junior Member
I read on NORML.org that california law states possession of 28.5g or less for sale by a minor is a misdemeanor, can anyone confirm this?
 

Some Random Guy

Senior Member
I read on NORML.org that california law states possession of 28.5g or less for sale by a minor is a misdemeanor
"possession" being the operative term, not "distribution". You have a scale and packaging and a safe. You also were providing some of your stash to a customer in the passenger seat (distributing, regardless if cash was involved). Get a lawyer.
 

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