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Marijuana Possession

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cicatrix_17

Junior Member
What is the name of your state? Arizona

On Sept. 26, 2006 i attended a small get-together at my friends house to hang out, some of the attendees engaged in smoking marijuana. Halfway through the night i went with a few of my friends in a friends car to a nearby circle k for refreshments. At the circle k i recieved a call from someone who was at the house claiming that cops had raided the house, making arrests. i was faced with the problem that my car was still parked in my friends neighborhood among a slew of police cars. After accessing the situation we decided to drive back to the neighborhood to casually drive off with our cars. In attemping to leave the neighborhood i was pulled over quickly, i was pulled over because i backed up without my headlights, i did this so i wouldn't attract attention(once i put my car in drive i fliped my lights on). I was then questioned if i had attended the party of around 8 teenagers, i then responed that i had. The police officer then had me step out of my car to further question me. He asked me if i had been smoking marijuana, which i denied. He then asked if he could search my vehicle, i replied that he had no proper caus and that i would just like to be on my way. more officers arrived on the scene, i gave no consent for any of them to search my car, the police officers then threatened that they would impound the car and search it that way if i did not give consent. i continued to refuse, the officers then called my father to come to the scene in hopes he would give consent as he is the owner of the vehicle. i was administered a breathelizer test, and a test where i tilted my head back and shut my eyes to see if my eyes fluttered prior to much of the questioning if my car could be searched. i passed the breathelizer test but my eyes fluttered which the police officers claimed to be a reaction to smoking marijuana. i agian was continuously asked if i would consent to a search of my car, i continuously refused. my father then arrived on the scene and gave consent only after the officers threatened to have the car impounded and searched that way. after a quick search a bag containing less than half a gram of marijuana was found.
I have a few questions about my situation...

1.Was i pulled over justly? i did drive without my headlights on but only when my car was in reverse, when headlights aren't needed anyway.
2.Was the search of my car illegal? could the car really be impounded and searched or was it a scare-tactic to trick my father into consenting a search?
3. i have yet to be contacted by law offcials of a court date, how long is the statute of limitations?
4. if i am deemed guilty, what type of repercuastions will apply?
5. what are the chances the case will be thrown out as it was honestly less than a half gram of marijuana?
6. if i do go to court what is the best way to face this situation?

FYI-
1. i was 17 at the period of the crime, but will be turning 18 on Oct. 20th(will i be tried as an adult?)
2. this is my first offense of any crime
3. you don't need to tell me i know i'm lucky i didn't get a dui

Thank you for reading this, and hopefully helping me out
 
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tranquility

Senior Member
1.Was i pulled over justly? i did drive without my headlights on but only when my car was in reverse, when headlights aren't needed anyway.
Yes. You could have been cited as well.

2.Was the search of my car illegal? could the car really be impounded and searched or was it a scare-tactic to trick my father into consenting a search?
No, there was consent. The second part is much more detailed and requires to many assumptions. But, it was probably a bluff. Was it enough to vitiate the consent? An argument could be made, but it would get down to the actual facts.

You will need someone more experienced in AZ law than I to answer 3-6. However, if you plan on getting a federal scholarship I'd be sure to get an attorney knowledgeable in that area if you are charged.
 

The Occultist

Senior Member
3. i have yet to be contacted by law offcials of a court date, how long is the statute of limitations?
I don't know the exact SoL, but I know that it is WELL over a year. Have fun with that.

4. if i am deemed guilty, what type of repercuastions will apply?
The DA can choose to prosecute this as a felony, or a misdemeanor, both of which, with a guilty sentence, on top of fines and/or jail time, can prevent you from getting certain jobs or grants/loans.

5. what are the chances the case will be thrown out as it was honestly less than a half gram of marijuana?[/QUOTE/

They will not throw it out just because you have what YOU feel to be a small amount of the illegal substance.

[QUOTE.6. if i do go to court what is the best way to face this situation?
Alright, the part of the answer you'll like. Arizona tends to be really friendly towards first-time non-violent offenders, in that they will offer a second chance. This is through a process call deferred prosecution. When you are asked how you plead, if the judge doesn't give it as an option, instead of pleading request a Pretrial conference. A new court date will be set up for you, and at this point the DA will go over the details of the deferred prosecution with you if they are willing to give it to you. It typically consists of a Substance Abuse class, some fees, and a light probation, the successful completion of which causes the charges to be dropped, meaning nothing on your record.

Unfortunately, because of your age, your situation is kinda tricky. While AZ does give second chances, they tend to be REALLY strict on minors caught in possession of marijuana. This is because they intend to scare you straight while you're still a minor. Since you're turning 18, perhaps they won't be as strict, but who knows.

Also, your refusal to cooperate with the police in this matter was probably noted, and that may be used in consideration on how to handle you. You do not actually need a lawyer to negotiate for deferred prosecution, but do keep in mind that a local attorney knows all of the relevant statutes and knows what the courts want to hear.

Let this be a lesson to you.
 
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gawm

Senior Member
Should never have did the eye test. Even if you do fail that test there are legitimate reasons for doing so, not just illegal drugs. They would have needed a reason to impound the car, they did not have one. That was just a scare tactic to get your father to consent.
 

cicatrix_17

Junior Member
Get case thrown out?

1. Can i possibly get the case thrown out claiming that the police tricked/LIED to my dad so he would consent to a search?

2. I was unaware if i had chioce to do do the eye test or not, if i did have a choice can i make it work agaist the courts since i wasn't given an option?

3. also i would like to know of a second opinion on whether or not my case can get thrown out for the reason of it being such a small ammount?, the courts have alot of cases to deal with most of which are much more serious and important than trying to screw someone for less than half a gram of marijuana, i have heard from somewhat reliable sources that it is possible for the courts to throw a case like this out, i would just like to hear from expert sources.

thank you again for your time and thought
 
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The Occultist

Senior Member
1. Can i possibly get the case thrown out claiming that the police tricked/LIED to my dad so he would consent to a search?
No.

2. I was unaware if i had chioce to do do the eye test or not, if i did have a choice can i make it work agaist the courts since i wasn't given an option?
No.

3. also i would like to know of a second opinion on whether or not my case can get thrown out for the reason of it being such a small ammount?, the courts have alot of cases to deal with most of which are much more serious and important than trying to screw someone for less than half a gram of marijuana, i have heard from somewhat reliable sources that it is possible for the courts to throw a case like this out, i would just like to hear from expert sources.
Sorry, but Arizona is VERY anti-drug. They most likely will NOT throw it out because it "wasn't enough". And I'm sorry, but just because somebody has seen all of the Cheech and Chong movies doesn't make them a reliable source. I've given you pretty much the most accurate of answers you're going to get until you actually talk to the DA.

thank you again for your time and thought
You're welcome.
 

tranquility

Senior Member
1. Can i possibly get the case thrown out claiming that the police tricked/LIED to my dad so he would consent to a search?
No. Lying by the police is completely allowed. However, the specific lie regarding impounding of the vehicle and searching anyway may be considered coercive which could vitiate the voluntary nature of consent. It's an argument a fact-finder would need to determine so it is not something which will get the case "thrown out". There are many steps before you would get to that point and, even then, note the "may" and "could" in the answer. Everything would be based on the totality of the circumstances.

2. I was unaware if i had chioce to do do the eye test or not, if i did have a choice can i make it work agaist the courts since i wasn't given an option?
Cops don't give options. They give requests that are carefully crafted to *seem* like an order even though they're not.

3. also i would like to know of a second opinion on whether or not my case can get thrown out for the reason of it being such a small ammount?, the courts have alot of cases to deal with most of which are much more serious and important than trying to screw someone for less than half a gram of marijuana, i have heard from somewhat reliable sources that it is possible for the courts to throw a case like this out, i would just like to hear from expert sources.
It's possible. However, you should stop thinking about possibilities and deal with reality. If the case were to go away, great. Score disco! But there is nothing you can do to make that happen. (Beyond being the bestest little boy the community has ever seen in the comming days.) Close your eyes, cross your fingers and hope for the best, but you should start preparing for what you need to do if they don't drop the case.
 

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