1st offense - possesion charge

What is the name of your state? Virginia

My son is 16 years of age. He was riding with a girl who was speeding and failed to stop at a stop sign. They got pulled over and the officer found my son trying to hide a digital scale under his leg. the cop proceeded to pulll my son out the vehicle and then handcuffed him and told him to wait by the back of the car. The officer found the scale immedietly after he pulled my son out and knew that was what he was trying to hide. My son also had an empty small glass jar that orginially had marijuna in it but when they got pulled it was empty.

Everyone was able to leave and the girl driving didnt receive a ticket. My son got charge with possesion of marijuna.

Is there anything i can do about this? Also my son told me he didnt get read any rights as he was placed under arrest and handcuffed. Is there anything i can do about that? Any advice would be greatly appreciated

T731 said:

What is the name of your state? Virginia

My son is 16 years of age. He was riding with a girl who was speeding and failed to stop at a stop sign. They got pulled over and the officer found my son trying to hide a digital scale under his leg. the cop proceeded to pulll my son out the vehicle and then handcuffed him and told him to wait by the back of the car. The officer found the scale immedietly after he pulled my son out and knew that was what he was trying to hide. My son also had an empty small glass jar that orginially had marijuna in it but when they got pulled it was empty.

Everyone was able to leave and the girl driving didnt receive a ticket. My son got charge with possesion of marijuna.

Is there anything i can do about this? Also my son told me he didnt get read any rights as he was placed under arrest and handcuffed. Is there anything i can do about that? Any advice would be greatly appreciated

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**A: ok, your son is a pot user or dealer and you want help? What kind of help do you need?

Perhaps he needs an attorney?

He was observed trying to hide something which was indicia of drug sales ... he was found with drugs on him ... it all sounds pretty straightforward. An attorney might be able to find some way to challenge the search of the car, but, frankly, I would take this as a warning of some greater problems and be thankful that it can be dealt with while he is still a minor.

Good luck.

Carl

As i read all along these forums i dont see why there are people who decide to come off as so smart? Obviously i know my son has used marijuna and even had an intent to sell it.

Second of all my son was never found with any DRUGS on him. He was found with a SCALE which had no residue and a small glass jar which also let me mind you HAD NO RESIDUE but its obivious to tell weed was kept in the jar due to smell alone.

now what i want to know is, is there anything i can do being that my son was handcuffed and never read any rights whatsoever?

and how can he be charged with possession of marijuna if they found not even a 16th of a gram on him.

Unlike TV, Miranda does NOT have to be read to someone when they are arrested. Miranda is ONLY required when a person is arrested AND they are interrogated. In fact, less than half the arrests I make ever have anyone being Mirandized ... and many of those are because CA law requires that any minor taken in to custody for most any reason be read his Miranda rights whether questioned or not.

And apparently a 16th of a gram is a usable amount in your neck of the woods. Maybe an attorney can get him off.

But, there are still bigger issues involved here. If he's 16 and already involved in all this ... well, be ready for more police contact because it's coming. Maybe this is an opportunity for intervention fo some kind.

Good luck.

Carl

and many of those are because CA law requires that any minor taken in to custody for most any reason be read his Miranda rights whether questioned or not.

Well we are in VA, but he is a minor and was arrested but was never read any rights. The officer told me he had been put under arrest several times. Why wasnt he read any rights?

And apparently a 16th of a gram is a usable amount in your neck of the woods. Maybe an attorney can get him off.

I'll look into an attorney but my son had no marijuna on him which is what they are accusing him in possession of. when i say he had less than a 16th of a gram im saying there was basically nothing. There was no residue anywhere that was even possible of smoking. all they have is a scale and a small glass jar that was empty with no weed.

But, there are still bigger issues involved here. If he's 16 and already involved in all this ... well, be ready for more police contact because it's coming. Maybe this is an opportunity for intervention fo some kind.

and thank you again, we are also looking into this.

T731 said:

Well we are in VA, but he is a minor and was arrested but was never read any rights. The officer told me he had been put under arrest several times. Why wasnt he read any rights?

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Because it is not required unless he is (1) Arrested ... AND (2) Interrogated about the incident.

The remedy for a violationof Miranda is generally the exclusion of the statements made. So, if he confessed to selling marijuana as a result of being questioned after he was arrested, then the rights issue might be relevant. As it is, it does not appear to be relevant here, and certainly has nothing to do with being arrested.

I'll look into an attorney but my son had no marijuna on him which is what they are accusing him in possession of.

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Then what, exactly, is the section he's being cited for? I thought you said it was for possession? Or is it for possession of paraphernalia? Is there a code section associated to this?

Carl

all this happened last night and the officer told me i'd be receiving all the paperwork in the mail. But he told me my son was arrested for possession of marijuna. and thats where all the confusion started because then i thought he has no marijuna on him. If anything I thought he should be charged with possession of paraphenalia.

It will probably be a paraphernalia charge, but, ya never know. You may have to wait until you receive the documents with the charges.

Carl

Thanks for your time & help. I'll edit this post when i receive all the paperwork.

T731 said:

all this happened last night and the officer told me i'd be receiving all the paperwork in the mail. But he told me my son was arrested for possession of marijuna. and thats where all the confusion started because then i thought he has no marijuna on him. If anything I thought he should be charged with possession of paraphenalia.

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Remember you said, "Second of all my son was never found with any DRUGS on him. He was found with a SCALE which had no residue and a small glass jar which also let me mind you HAD NO RESIDUE but its obivious to tell weed was kept in the jar due to smell alone." You go on to say, "They got pulled over and the officer found my son trying to hide a digital scale under his leg. the cop proceeded to pulll my son out the vehicle and then handcuffed him and told him to wait by the back of the car. The officer found the scale immedietly after he pulled my son out and knew that was what he was trying to hide." and "Obviously i know my son has used marijuna and even had an intent to sell it." so why do you keep insisting the jar was empty and no residue? "Second of all my son was never found with any DRUGS on him. He was found with a SCALE which had no residue and a small glass jar which also let me mind you HAD NO RESIDUE but its obivious to tell weed was kept in the jar due to smell alone." The officer had probable cause and your son acted guilty, apparently he hadn't learned the meaning of the terms, "Stash" or "pocker face"

Fact is, there WAS residue because there WAS smell. That smell is less than 1/16 oz. It is obvious that there was intent to sell, because of the scale. Making excuses isn't going to change the facts you readily admit. Like Carl said, better take care of it now, while he is a minor before something worse happens, getting away with it teaches the wrong lesson. Besides the drug problem, it is a little dangerous to be driven around in a car by a 16 yearold who's speeding and running stopsigns.

Please see this as an opportunity for your son to get some help before it is too late.

rmet4nzkx said:

Remember you said, "Obviously i know my son has used marijuna and even had an intent to sell it." so why do you keep insisting the jar was empty and no residue?

Fact is, there WAS residue because there WAS smell. That smell is less than 1/16 oz. It is obvious that there was intent to sell, because of the scale. Making excuses isn't going to change the facts you readily admit. Like Carl said, better take care of it now, while he is a minor before something worse happens, getting away with it teaches the wrong lesson. Besides the drug problem, it is a little dangerous to be driven around in a car by a 16 yearold who's speeding and running stopsigns.

Please see this as an opportunity for your son to get some help before it is too late.

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Yes it is both obvious to me and the officer that my son had weed at one point in that jar. And i am not positive he had an intent to sell it but being caught with a scale doesnt look good on that part. The reason i keep insisting that the jar was empty and no residue because i saw the jar. The officer showed it to me. There was no residue WHATSOEVER. it was an empty glass jar the only way you knew weed was kept in there previously was if you smelled it. That is all. Also i said less than a 16th of a gram not an OUNCE. so your telling me that the smell from that jar alone without finding any marijuna is enough to charge my son with Possession ? Sorry i find that hard to believe. NOBODY is making excuses, I do not like the fact i came on here for legal advice and all of you turn around and tell me what to do with my son. I am not here asking you for parenting guides. Besides the drug problem I know the dangers of being driven around by another teen who obviously has no respect for the road, I dont think their friends do.

And i am still in confusion as to why he was charged with possession and not paraphernalia

THERE WAS NO MARIJUANA. yes just an odor from a container

I'll keep you updated when i get the paperwork. THANKS in advance

Sadly enough a possession of Marijuana and paraphanilia is the same charge just worded differently the actual charge has the same repercussion.

T731 said:

Yes it is both obvious to me and the officer that my son had weed at one point in that jar. And i am not positive he had an intent to sell it but being caught with a scale doesnt look good on that part. The reason i keep insisting that the jar was empty and no residue because i saw the jar. The officer showed it to me. There was no residue WHATSOEVER. it was an empty glass jar the only way you knew weed was kept in there previously was if you smelled it. That is all. Also i said less than a 16th of a gram not an OUNCE. so your telling me that the smell from that jar alone without finding any marijuna is enough to charge my son with Possession ? Sorry i find that hard to believe. NOBODY is making excuses, I do not like the fact i came on here for legal advice and all of you turn around and tell me what to do with my son. I am not here asking you for parenting guides. Besides the drug problem I know the dangers of being driven around by another teen who obviously has no respect for the road, I dont think their friends do.

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It is a parenting issue in addition to a legal issue because as parents we are responsible for what our children do until they reach majority, and trust me, you and i both know they do a lot more than their parents know. How many time has he been using and selling and he is only 16? Heck in the old days they didn't have digital scales, there was a reason it was called a "Lid". 1/16 of an ounce (Lid) or a gram, no difference less than means less than. I have raised my own boys into successful adulthood, it doesn't mean it's easy nor were they perfect, except for when they were asleep, lol. I have raised a few of their friends in crisis, I have also seen some of their friends die, too many to drugs or accidents.

So it is as a parent who has been there and done that, that I encourage you to not make excuses for him, he will thank you later.