Half a Pound of Pot and Assault

[Shay-Pari'e]

Are you eluding that I'll have no hope of going to a community college? =/

Not at this point, you have very serious criminal charges against you, and If I was your mother, I wouldn't pay for it at this point.

 

[Shay-Pari'e]

No, actually, I'm a friend of a friend. I'm only defending him because I realize he screwed up pretty horribly and he needs help if he has any chance of turning this around.

EDIT: Nevermind

Good, your friend should not even have access to a computer at this point.

 

[AJAlkaline]

Yes, it's called the yellow pages and the answer can be found under the heading "ATTORNEY"


the kid is an idiot. PERIOD. No one here hasn't gotten drunk, stoned or stupid. But the majority of the world also doesn't have 1/2 pound of dope in their PARENT'S HOME, mouths off about it and attempts to evade the police.

He doesn't deserve a break. He deserves an ass-whuppin'

I believe you misunderstand the situation. We live in a middle class suburban area of Chicago. Marijuana trade is extremely prevalent in our highschools. In fact, a bit of trivia, everyone at my table in art class is a dealer. This boy, Jake, made the mistake of hanging out with the wrong people. He was given two pounds of extremely low quality pot by a "friend". Instead of using it for himself, he thought he could sieze the opportunity and sell it all off, helping the poor economic situation (which is quite poor for middle class suburbia, his mother is an alcoholic, father left him) of his family. The pressure was kind of enormous.

The altercation with his mom was not caused by the marijuana arrest, by the way. He was fighting with her because she had been sleeping with his brother's friends and had shown his girlfriend naked pictures of herself. His anger was, in my opinion, almost justified. The struggle with the police officer was the result of the stress of the situation.

Hopefully you can understand that this isn't your standard miscreant, the boy has a fair amount of decency, just an equivalent amount of foolishness.

 

[BelizeBreeze]

I believe you misunderstand the situation. We live in a middle class suburban area of Chicago. Marijuana trade is extremely prevalent in our highschools. In fact, a bit of trivia, everyone at my table in art class is a dealer.

So that makes it o.k.? where did you get your moral compass? Wal-Mart?

This boy, Jake, made the mistake of hanging out with the wrong people.

WRONG! He made the CHOICE of hanging out with the wrong people.

He was given two pounds of extremely low quality pot by a "friend".

he needs better friends.

Instead of using it for himself, he thought he could sieze the opportunity and sell it all off, helping the poor economic situation (which is quite poor for middle class suburbia, his mother is an alcoholic, father left him) of his family. The pressure was kind of enormous.

OH GIVE IT A FRIKKIN' REST. These are excuses, not reasons. This POOR excuse of a man made the decision based on greed, NOT need. Or would you rather live in a two room shack with parents and siblings where the only drinking water you got was from a hole in the floor where the stream ran? And your toilet was outside . Yes, there are still people living like that in this country so your poor little me tale is falling on deaf ears.

The altercation with his mom was not caused by the marijuana arrest, by the way. He was fighting with her because she had been sleeping with his brother's friends and had shown his girlfriend naked pictures of herself. His anger was, in my opinion, almost justified. The struggle with the police officer was the result of the stress of the situation.

So what? Even if his mother was pulling a train in the living room with the camera crew of 60 minutes standing in line that is still no excuse for him to act stupid.

Hopefully you can understand that this isn't your standard miscreant, the boy has a fair amount of decency, just an equivalent amount of foolishness.

The BOY has no decency. If he had he would not be in this situation. What he needs is to face reality. Stop enabling him and making excuses for him. Otherwise, the next time you see him it will be a longer list of excuses why he has been in prison for the last 40 years.

 

[AJAlkaline]

So that makes it o.k.? where did you get your moral compass? Wal-Mart?

WRONG! He made the CHOICE of hanging out with the wrong people.

he needs better friends.

OH GIVE IT A FRIKKIN' REST. These are excuses, not reasons. This POOR excuse of a man made the decision based on greed, NOT need. Or would you rather live in a two room shack with parents and siblings where the only drinking water you got was from a hole in the floor where the stream ran? And your toilet was outside . Yes, there are still people living like that in this country so your poor little me tale is falling on deaf ears.


So what? Even if his mother was pulling a train in the living room with the camera crew of 60 minutes standing in line that is still no excuse for him to act stupid.

The BOY has no decency. If he had he would not be in this situation. What he needs is to face reality. Stop enabling him and making excuses for him. Otherwise, the next time you see him it will be a longer list of excuses why he has been in prison for the last 40 years.

I think you missed my point again. I have no illusions that his actions were justified, neither does he, now. He's been smacked around a good bit by everyone who could get their hands on him. I wouldn't go so far as to say that entirely learned his lesson, and I have no illusions that he doesn't deserve punishment. I did not intend for you to see my "sob story" and instantly forgive him. I mean, he commited a crime! My intention was to give you some notion that there's a bit of complexity to his case, enough that your statement that he has "no decency" is, in my opinion, an unfair assumption. Our goal now is not to make him go unpunished for his crimes, but rather to keep him from being punished for crimes he didn't commit (the assault of an officer).

I suppose you can, and will, just think what you want, though.

EDIT: I suppose we've got all the legal advice that we're going to get, so I'll discontinue this discussion. I appreciate those who had some advice and didn't just condemn him.

 

[The Occultist]

Is the fact that he wasn't read his rights significant at all?

No. You only need to be read rights after you're arrested AND before being interrogated. Failing to have rights read doesn't mean that you're suddenly not-guilty of the crime, it means that anything you say during the the post-arrest interrogation can't be used against you in trial. That's all.

 

[CdwJava]

On the contrary, I despise "potheads". I've smoked pot a maximum of four times in my life. And when I received the pot for free, I saw a route that could lead to money for my family and for my college. My motives for selling are noble by virtue.

Ah, so, for a little bit of money (not NEARLY enough for college or to support the family) you decided that becoming a drug dealer would be a virtuous occupation?!

Oy!

- Carl

 

[CdwJava]

Is the fact that he wasn't read his rights significant at all?

Not relevant at all.

Do you know where he could find a comprehensive description of what assaulting an officer means?

He can search for the specific code section he is charged with and look up the elements in the text of the law. Then, he can go to a law library or subscribe to Lexis or Westlaw and search for cases that further define the charge he is accused of.

Or, his parents can hire an attorney who will do all that for him. If he cannot afford one, an attorney will be appointed for him by the court.

- Carl

 

[2901bruce]

What is the name of your state? Illinois.

On Monday, the 27th of November, I was caught with less than 2.5 grams of marijuana at my school, which is only a misdemeanor. As I was awaiting arrest and suspension, I was talking to my dean and my social worker about the situation and told them I had more pot at my house. Coincidentally, the officer at my school walked by as I said that and when they finally got me down to the station the officer at my school asked me about it and said simply telling the judge he heard such a statement would be sufficient enough to get a warrant, so I confessed in saying that there was, and they found eleven ounces of pot at my house. Couple hours in the jail cell, I was released to my mom. Later that night my mother and I had an altercation and she called the cops on me. My girlfriend came over, the scene escalated, I flipped my mom off and the cop that came grabbed my arm. Involuntarily, I tried to pull back from it, because of its unexpectedness, he started to twist my arm, and with everyone yelling I had no idea what to do, and he put me on the ground and put me in the car. Now, I'm sixteen years old, I'm not really sure if that has anything to do with what I'm gonna say next, but the cop never read my rights at all. He arrested me, officially, for assault and resisting arrest. That's on top of two felonies I was giving for the pot in my room (possession of 30-500 grams and intent to sell).

Now, my question is this, what am I to do? I feel like my life is kind of spiraling down and I have no control over anything. Also, do I have a case against the cop? Seeing as how he never read me my rights and, I have about six witnesses to say this, that he wrongfully arrested my for "assaulting" and "resisting" him?

Hey Jako! You seem to be the typical "Punk". And as far as your screen-name goes - Buy a mini-skirt & high-heels before you go to trial. You'll have all the sex you need - when you get to prison.

 

[Bretagne]

I'm sure that a community college would look past a conviction for possession with attempt to distribute, but the federal government won't. College probably won't be in your future anymore because you won't qualify for any federal funding (student loans). No subsidized or unsubsidized Staffords, no Pell grants, nothing. And without federal funding it can be nearly impossible to afford school.

The officer didn't have to read you Miranda because he wasn't interrogating you.

Usually the cops overcharge a little (assault on the officer) and then the DA reviews and charges out a little more realistically. So hopefully they'll drop the assault in exchange for a plea to the drug case.

If you plead to the drug offense, be prepared for the ramifications your PD won't tell you about. You can't travel to Canada, will be on probation for quite a while, can't leave the state without permission. If you screw up on probation (like if you're minding your own business at a party where you've been drinking and get busted) you could be placed in a group home or worse.

Even if Mom stinks, now is the time to hit her up for some $ for a good attorney.

 

[Happy Trails]

I'm sure that a community college would look past a conviction for possession with attempt to distribute, but the federal government won't. College probably won't be in your future anymore because you won't qualify for any federal funding (student loans). No subsidized or unsubsidized Staffords, no Pell grants, nothing. And without federal funding it can be nearly impossible to afford school.

That isn't true.

If you go to the fafsa site: www.fafsa.ed.gov/before013.htm (copy and paste)

It addresses drug convictions and how it may affect eligibility.

 

[seniorjudge]

...


Oy!

....

So you are NOT an Irish cop after all?!

 

[Bretagne]

My bad...Happy Trails, you are right. It seems they "fixed" the law in February of this year preventing all eligibility for financial aid. See http://www.ssdp.org/lawsuit/judges-ruling.pdf. If the poster is not yet receiving federal aid, he should indeed be clear to apply.

 

[confused in nh]

i was a unruly teenager in my days and as i recall no matter what your age if you are arrested you MUST have your rights read to you ! but could help lead to your case being thrown out with the right lawyer! as far as the assulting a officer and resisting arrest unfortunitaly even if you pulled away by instinct , the officer can call it that and if your a pot head or not , its better than a crack head!!!

 

[moburkes]

i was a unruly teenager in my days and as i recall no matter what your age if you are arrested you MUST have your rights read to you ! but could help lead to your case being thrown out with the right lawyer! as far as the assulting a officer and resisting arrest unfortunitaly even if you pulled away by instinct , the officer can call it that and if your a pot head or not , its better than a crack head!!!

And that is why you stay confused. You are 100% absolutely wrong. You need to stick to finding another job, and spend less time giving inaccurate information.