Getting charged with possesion

[nightpanther13]

What is the name of your state (only U.S. law)? Utah
I'm 17 year old in utah and i believe i'm being charged with possession. ok so i was with a friend and we went to a road to smoke marijuana after smoking the marijuana i was speeding down the road and got pulled over. i made up a lie and they didn't believe me and said they smelt marijuana and asked me to step at out of the vehicle. After stepping out of the vehicle they asked me what i was doing up where they saw me parked and i repeated the lie then they asked me if there was anything in the car and i said i dont know then they told me i could get off a lot easier if i told the truth at the same time they were asking me those questions they were asking the passenger to get out of the car. I then said there could be marijuana under the front passenger seat where the passenger was sitting they went and searched for the marijuana but as the passenger got out of the car he took the marijuana and stepped it into the snow they then searched the car but only found the marijuana in the snow not the car. they then read the passenger his Miranda rights and detained him. they then told me to sit on the bumper and not to move after the officer found the marijuana in the snow he came over and asked me what we were doing up there parked i said we were smoking marijuana but after saying that i asked if i had to have my Miranda rights read to me and if what i said could be used against me because my rights weren't read to me. The officer then became very angry and told me i shouldn't tell him how to do his job he then read me my rights and arrested me and put me in the back of a different cop car then my friend was in. While in the car a cop told me i was being arrested for possession and DUI for driving while under the influence he then asked me whos weed it was and i told him it was my friends not mine but my friend told him the same thing. since we both said the same thing they said they were charging both of us for possession. After being picked up by my parents an officer told me that because he didn't think i was too impaired to drive he wasn't charging me with a DUI.
I have a couple questions
1. did the officer violate my Miranda rights by asking me those questions after he had found evidence against me and i felt i wasn't free to leave therefore i was being held in custody
2. if he did violate my Miranda rights can anything i said before i was read my rights be used against me
3. if my friend owns up and says the marijuana was his will i still be charged for possession
4. also if the marijuana wasn't found in my vehicle and i claim i didnt know it was there could this get me out of being charged with possession.
5. what are the consequences for a juvenile in utah being charged with possession.
sorry that was so long any help would be great thanks

 

[cyjeff]

I have a couple questions
1. did the officer violate my Miranda rights by asking me those questions after he had found evidence against me and i felt i wasn't free to leave therefore i was being held in custody

nope. You reeked of pot. You reeked of pot while operating a motor vehicle.

You didn't have to answer. However, your questioning was not covered by Miranda.

2. if he did violate my Miranda rights can anything i said before i was read my rights be used against me

Not applicable.

3. if my friend owns up and says the marijuana was his will i still be charged for possession

We can't predict the future. It was in a car that you had full control over... so that would be a great question to ask your attorney.

4. also if the marijuana wasn't found in my vehicle and i claim i didnt know it was there could this get me out of being charged with possession.

What say we begin by assuming that a judge that has been through 12 years of school, 4 years of undergraduate education and 3 years of law school followed by, hopefully, several years of legal practice isn't a moron.

Are you honestly going to go to court and tell a judge that the pot your buddy stomped into the ground didn't come out of your car?

Besides, your "buddy" says it was yours. It is not a cop's job to figure out guilt. That is the job of the court. I would plan on both of you being charged as long as one of you doesn't fall on the grenade for the other in front of the DA.

5. what are the consequences for a juvenile in utah being charged with possession.

What was the statute number you were charged under?

 

[nightpanther13]

but by definition if i felt i wasn't free to leave then i was being detained right. and if he was asking me questions that could lead to self incriminating answers and he didn't read me my Miranda rights then he violated my rights and i dont know what the statute number was.

 

[Just Blue]

but by definition if i felt i wasn't free to leave then i was being detained right. and if he was asking me questions that could lead to self incriminating answers and he didn't read me my Miranda rights then he violated my rights and i dont know what the statute number was.

Ask your attorney.

My advice would be to use periods when asking.

 

[cyjeff]

but by definition if i felt i wasn't free to leave then i was being detained right. and if he was asking me questions that could lead to self incriminating answers and he didn't read me my Miranda rights then he violated my rights and i dont know what the statute number was.

Okay... you really don't understand that Miranda doesn't have to be read to you when you are actually caught in the act.

You were.

Therefore, Miranda wasn't required... even if you really really want it to be required.

The officer can ask you whatever he/she wants. The fact you answered is YOUR fault.

The statute number is on the ticket.

What, are you high now?

 

[nightpanther13]

Okay... you really don't understand that Miranda doesn't have to be read to you when you are actually caught in the act.

You were.

Therefore, Miranda wasn't required... even if you really really want it to be required.

The officer can ask you whatever he/she wants. The fact you answered is YOUR fault.

The statute number is on the ticket.

What, are you high now?

I was never caught in the act i was parked and then got in the car and the cops saw me get in the car and no i'm not "high." The cops didn't give me a physical ticket I assume I'll be getting one in the mail.

 

[stealth2]

I was never caught in the act i was parked and then got in the car and the cops saw me get in the car and no i'm not "high." The cops didn't give me a physical ticket I assume I'll be getting one in the mail.

Son - they saw you in the car, smoking. Then they saw you drive away. Then they found the weed your "friend" did a crap job of concealing. You can get over the innocent act.

 

[nightpanther13]

Son - they saw you in the car, smoking. Then they saw you drive away. Then they found the weed your "friend" did a crap job of concealing. You can get over the innocent act.

ok i don't think i described what happened well enough, and i know I'm guilty i just feel like my Miranda rights were violated. Let me go back and better describe what happened before we got pulled over. We were smoking marijuana outside of the car completely secluded we finished smoking marijuana and then saw a car driving towards us so we ran and got back in the car. While we were running back i dropped my phone but i just left it. Me and the car that was on the road just drove past each other, this car was not the police car. After we realized the car wasn't an officers car we turned around to get my phone, we parked and right when i picked up my phone we saw another set of cars driving on the road. So we ran and got back in the car then drove away and the cops followed us then pulled me over for speeding and smelt marijuana. They never at any moment saw us smoke marijuana or caught us in the act. Sorry i didn't clarify and i know i am already guilty of poss. and paraphernalia.

 

[cyjeff]

The pungent smell of marijuana has been routinely and categorically recognized as a reasonable reason for a stop and search.

Trust me, you reeked.

You assume that the car that you saw wasn't a cop. Sometimes, they go undercover. Sometimes, they contain citizens that call the police when they see people smoking pot.

 

[stealth2]

Although you are not in AL, this is a good explanation of Miranda. I'd suggest you read it, sober.

http://www.alabamacriminallawyerblog.com/2010/07/alabama-miranda-requirements-d.html

 

[nightpanther13]

The pungent smell of marijuana has been routinely and categorically recognized as a reasonable reason for a stop and search.

Trust me, you reeked.

You assume that the car that you saw wasn't a cop. Sometimes, they go undercover. Sometimes, they contain citizens that call the police when they see people smoking pot.

Ok i kind of understand and i'm pretty sure the 1st car wasn't a cop lets just say it wasn't and there is no houses on the road we were on so it would be impossible for anyone to have seen us and called the cops. I understand that they had reason to search after they smelt it but after they found the marijuana and i was detained they were asking me questions about it without reading me my Miranda rights, if my car smelt does that qualify as being caught in the act or something?

 

[cyjeff]

Ok i kind of understand and i'm pretty sure the 1st car wasn't a cop lets just say it wasn't and there is no houses on the road we were on so it would be impossible for anyone to have seen us and called the cops. I understand that they had reason to search after they smelt it but after they found the marijuana and i was detained they were asking me questions about it without reading me my Miranda rights, if my car smelt does that qualify as being caught in the act or something?

I am not going to say it a third time.

Are you high now or just dense?

Impossible is a word you should rethink. After all, the other car and the cop both saw you. How could you know how long they had been observing you.

But at least you didn't do something stupid like speed to give them reason to pull you over.

Oh, wait...

They caught you with drugs... drugs that your "buddy" said were yours. That means they caught you in the act. They caught you with drugs and you reeked of smoke.

Doesn't take a rocket scientist to figure out what you were doing down a secluded road.

It is not the officer's job to figure out who is lying and who isn't. That is the job of the court.

 

[nightpanther13]

I am not going to say it a third time.

Are you high now or just dense?

Impossible is a word you should rethink. After all, the other car and the cop both saw you. How could you know how long they had been observing you.

But at least you didn't do something stupid like speed to give them reason to pull you over.

Oh, wait...

They caught you with drugs... drugs that your "buddy" said were yours. That means they caught you in the act. They caught you with drugs and you reeked of smoke.

Doesn't take a rocket scientist to figure out what you were doing down a secluded road.

It is not the officer's job to figure out who is lying and who isn't. That is the job of the court.

alright first of all I'm not high or dense, you are just jumping to conclusions without knowing the facts. It would be impossible for anyone to have seen us from where we were, the cops came approximately a minute after the first set of cars so therefore i think they were unrelated, the cop told me he pulled me over for speeding not for marijuana he then found the marijuana and then questioned me about it. xxx are you high, all i wanted to know is if he violated my Miranda rights and if the smell of marijuana can count as being caught in the act, but your too condescending to just listen.

 

[cyjeff]

alright first of all I'm not high or dense, you are just jumping to conclusions without knowing the facts. It would be impossible for anyone to have seen us from where we were, the cops came approximately a minute after the first set of cars so therefore i think they were unrelated, the cop told me he pulled me over for speeding not for marijuana he then found the marijuana and then questioned me about it. xxx are you high, all i wanted to know is if he violated my Miranda rights and if the smell of marijuana can count as being caught in the act, but your too condescending to just listen.

Kid, I answered your question from, what, post #2? You just kept asking the question over and over again hoping that, somehow, the answer would change.

You were caught in possession. You lose. Miranda does not apply.

I hope you get a job quickly. A good attorney to keep this off your record so that it doesn't FUBAR your chances of college and college loans will run your parents around $3,000.

Good news is that they can sell your car because you won't be needing one for at least a year.

Other than that, you can ask your attorney.

If you want to be coddled, call a stoner buddy that will tell you it is all about the man. How pot should be legalized and it is intelligent for a 17 year old kid that can't keep his anger in check when he doesn't hear "poor sweet baby" when he wants to be prescribing his own medication.

good luck. You are gonna need it, sparky. Figured out if you will be tried as an adult yet?

 

[nightpanther13]

Kid, I answered your question from, what, post #2? You just kept asking the question over and over again hoping that, somehow, the answer would change.

You were caught in possession. You lose. Miranda does not apply.

I hope you get a job quickly. A good attorney to keep this off your record so that it doesn't FUBAR your chances of college and college loans will run your parents around $3,000.

Good news is that they can sell your car because you won't be needing one for at least a year.

Other than that, you can ask your attorney.

If you want to be coddled, call a stoner buddy that will tell you it is all about the man. How pot should be legalized and it is intelligent for a 17 year old kid that can't keep his anger in check when he doesn't hear "poor sweet baby" when he wants to be prescribing his own medication.

good luck. You are gonna need it, sparky. Figured out if you will be tried as an adult yet?

you are truly a condescending as.s. I looked up the Miranda rule and read some information about it, that said if you feel you are not free to leave then you are in custody and if they have evidence against you and are interrogating you without having read the rights then they violated the rule but i guess i was wrong. By the way i will be paying for my own attorney, i have a job, the car we were in was registered to me i bought it, and i have to pay for my own college. I wasn't trying to prescribe my own medication just from what i had read i believed i was correct but i wasn't 100% sure thats why i came on this website i'm already guilty and i know even if i brought up that my miranda rights were violated and i was correct they would just dismiss what i had said prior to being read them and it wouldn't matter. I was just trying to make sure to fullest amount that you understood what happened. and good luck i doubt i have terrible luck i smoke weed once in the last 3 months and i get caught just because i was driving a quarter of a mile back to my house but that's how the law works. and no, i don't know if i'll be tried as an adult, hopefully i wont be