• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Marijuana possession less than 40 grams and drug paraphanelia arrest

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tattoodles

Junior Member
What is the name of your state (only U.S. law)? Washington


I live in Auburn, WA and my boyfriend and I were driving through Buckley, Peirce County. 48 in a 35 and got pulled over. We were following close behind 3 cars going the same speed but we were in the back. He asked for his paper work and said, "So who's got the weed." Neither of us said anything at first but he asked again and then read don his rights and asked if we wanted to talk. He said yes and asked where it was. (There was a cigar butted out in the dash which is what I think he got the smell of. It wasn't filled with weed, it was just a grape swisher but this cop didn't even know how much money the weed was worth or even approximately how much it was.) I said I had a pipe in my pocket (I was the passenger) and placed it on the dash like he asked. He read me my rights and asked us to get out of the car. We consented for search, he called the dog in and at that point I showed him where the rest of the marijuana was and I pulled 2 baggies with combined less than 2 grams. I was cuffed and my boyfriend was doing a field sobriety test and passed. The dog found nothing else and afterward the cop with the dog bragged about just busting someone for 8 pounds of heroin. The cop who pulled us over didn't recover a Washington license for my name (I don't have one here yet and I didn't have ID) so I told him I recently moved here from New Jersey and the other cops made "Joisy" jokes and the mood was light. I honestly didn't think I was about to spend 12 hours in Jail. He found my New Jersey license, No record no tickets. Don had no record no tickets. I am still unemployed since moving to this area and was going to try for financial aid this semester to go back to school and I wonder if these charges will get in the way of that. Honestly we probably looked like trouble makers, I'm 21, he 23, I have a heart and lady bug tattooed right on my right hand. We were driving up to the mountains to see the lunar eclipse last night. With beer and firewood in the back of the truck. And should I plead not guilty and request a public defender? I called a few lawyers and one of them told me I probably won't have to pay for one. Also, is there a chance I could go on probation for this? Should I stay smoke free for a while?
 
Last edited:


ERAUPIKE

Senior Member
What is the name of your state (only U.S. law)? Washington


I live in Auburn, WA and my boyfriend and I were driving through Buckley, Peirce County. 48 in a 35 and got pulled over. We were following close behind 3 cars going the same speed but we were in the back. He asked for his paper work and said, "So who's got the weed." Neither of us said anything at first but he asked again and then read don his rights and asked if we wanted to talk. He said yes and asked where it was. (There was a cigar butted out in the dash which is what I think he got the smell of. It wasn't filled with weed, it was just a grape swisher but this cop didn't even know how much money the weed was worth or even approximately how much it was.) I said I had a pipe in my pocket (I was the passenger) and placed it on the dash like he asked. He read me my rights and asked us to get out of the car. We consented for search, he called the dog in and at that point I showed him where the rest of the marijuana was and I pulled 2 baggies with combined less than 2 grams. I was cuffed and my boyfriend was doing a field sobriety test and passed. The dog found nothing else and afterward the cop with the dog bragged about just busting someone for 8 pounds of heroin. The cop who pulled us over didn't recover a Washington license for my name (I don't have one here yet and I didn't have ID) so I told him I recently moved here from New Jersey and the other cops made "Joisy" jokes and the mood was light. I honestly didn't think I was about to spend 12 hours in Jail. He found my New Jersey license, No record no tickets. Don had no record no tickets. I am still unemployed since moving to this area and was going to try for financial aid this semester to go back to school and I wonder if these charges will get in the way of that. Honestly we probably looked like trouble makers, I'm 21, he 23, I have a heart and lady bug tattooed right on my right hand. We were driving up to the mountains to see the lunar eclipse last night. With beer and firewood in the back of the truck. And should I plead not guilty and request a public defender? I called a few lawyers and one of them told me I probably won't have to pay for one. Also, is there a chance I could go on probation for this? Should I stay smoke free for a while?
You will find out shortly that a drug conviction will bar you from receiving any financial aid. You may also find that after your conviction you will be subject to repaying any financial aid you may have received up to this point.

You should absolutely stop breaking the law. Showing up to your court appointment being able to test clean will show the judge that you actually learned a lesson.

Possession of less than 40 grams is punishable by up to 90 days in jail and a fine up to $1,000. Any convictions of a misdemeanor carry a 24-hour mandatory minimum jail sentence and a mandatory minimum fine of $250. You will likely receive some sort of probation and community service as well.

It is in your best interest to get some sort of representation when you go to court.
 

jschwa97

Junior Member
You will most likely go on probation if you plead guilty.

I don't know if you can plead not guilty and get out of it, something your lawyer should be able to tell you. My guess... probably not.

You will almost definitely be tested closely following your court date. It is very very very important to pass this test, it is in the judges discretion on what happens if you fail but it is never good.
 

Peligroso

Member
You will most likely go on probation if you plead guilty.

I don't know if you can plead not guilty and get out of it, something your lawyer should be able to tell you. My guess... probably not.

You will almost definitely be tested closely following your court date. It is very very very important to pass this test, it is in the judges discretion on what happens if you fail but it is never good.
She will absolutely receive some sort of punitive action if she pleads guilty. This includes at least one night in jail and a $250 fine.

There may be a chance that a private attorney or public defender could get her some sort of diversion program.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top