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Need advice, daughter 18 charged with consumption of marijuana as a minor new info

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katib

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

My daughter is 18 and posted about her issue with receiving a summons for Consumption of Marijuana by an underage person. I am posting using her same account as I see her post has a lot of views but no replies. As a parent I am hoping for some input if anyone else has been in this situation. I know she was hoping that someone would reply to her post as well but by the length of it, maybe they lost interest and didn't read it all.

She pulled into a friend's parking spot to wait for her and someone called in a suspicious vehicle but was only there about 4 minutes before her friend came out and got into the car. I know this because I got the police report and the dispatch notes. Her friend is 17. She had just gotten there and turned her car off and her friend came out and someone made a call saying there was a suspicious vehicle but stated it was a silver saturn. She drives a White Toyota. Her friend came right out and got into the car and another call was made stating there was another suspicious vehicle and at this time the officer's were already on their way. She was getting ready to back out and saw the officer's with their lights on and waited for them to go around her and then they came up to her car. She rolled down the window herself and asked what was going on.

The officer stated that a suspicious car was called in with someone with blonde hair sitting in it. (She has blonde hair). She said she had just gotten there to pick up her friend. He then said it smelled like marijuana and asked who was smoking. My daughter said it was her friend, which it was and her friend admitted it. The officer according to his report believed my daughter had smoked also and she did admit she smoked earlier that day. She was asked if she would do roadside tests and passed fine. Those are the officer's words. He then asked how the marijuana was smoked and her friend said with a pipe and she took it out and gave it to him but it was completely empty and cleaned out, no residue at all. The officer did not search the car, nor ask to. He then wrote my daughter a ticket for a summons and her friend a ticket for juvenile diversion and so she doesn't have to go to court even though she is the one who admitted to smoking and is the one who had the pipe. But yet, my daughter was given the consumption of marijuana ticket and had nothing on her. Yes she did say she smoked earlier but he never saw her smoke, or saw her friend smoke and was given the same type of ticket but her friend is the one who admitted to smoking right before getting in her car and that is where the smell came from.

She states that she didn't remember everything totally as she is so upset until I just received the police report today. But just don't understand why she even got the consumption ticket anyway when he didn't see her do it, and had nothing on her. It was her friend and she didn't do it in her car and was done before she got there. Plus it was called in for a suspicious vehicle parked for about 4 minutes looking at the dispatch notes and she was just parked there to pick her friend up from her residence and it's not even the same car that was called in to begin with, it was a silver saturn that was sitting in front of the other persons house and left and then they turned around and called on my daughters car who had just got there and was leaving. It could have turned out much worse, which am thankful for but what does this type of ticket mean for her and should she have gotten it in the first place??
 


Just Blue

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

My daughter is 18 and posted about her issue with receiving a summons for Consumption of Marijuana by an underage person. I am posting using her same account as I see her post has a lot of views but no replies. As a parent I am hoping for some input if anyone else has been in this situation. I know she was hoping that someone would reply to her post as well but by the length of it, maybe they lost interest and didn't read it all.

She pulled into a friend's parking spot to wait for her and someone called in a suspicious vehicle but was only there about 4 minutes before her friend came out and got into the car. I know this because I got the police report and the dispatch notes. Her friend is 17. She had just gotten there and turned her car off and her friend came out and someone made a call saying there was a suspicious vehicle but stated it was a silver saturn. She drives a White Toyota. Her friend came right out and got into the car and another call was made stating there was another suspicious vehicle and at this time the officer's were already on their way. She was getting ready to back out and saw the officer's with their lights on and waited for them to go around her and then they came up to her car. She rolled down the window herself and asked what was going on.

The officer stated that a suspicious car was called in with someone with blonde hair sitting in it. (She has blonde hair). She said she had just gotten there to pick up her friend. He then said it smelled like marijuana and asked who was smoking. My daughter said it was her friend, which it was and her friend admitted it. The officer according to his report believed my daughter had smoked also and she did admit she smoked earlier that day. She was asked if she would do roadside tests and passed fine. Those are the officer's words. He then asked how the marijuana was smoked and her friend said with a pipe and she took it out and gave it to him but it was completely empty and cleaned out, no residue at all. The officer did not search the car, nor ask to. He then wrote my daughter a ticket for a summons and her friend a ticket for juvenile diversion and so she doesn't have to go to court even though she is the one who admitted to smoking and is the one who had the pipe. But yet, my daughter was given the consumption of marijuana ticket and had nothing on her. Yes she did say she smoked earlier but he never saw her smoke, or saw her friend smoke and was given the same type of ticket but her friend is the one who admitted to smoking right before getting in her car and that is where the smell came from.

She states that she didn't remember everything totally as she is so upset until I just received the police report today. But just don't understand why she even got the consumption ticket anyway when he didn't see her do it, and had nothing on her. It was her friend and she didn't do it in her car and was done before she got there. Plus it was called in for a suspicious vehicle parked for about 4 minutes looking at the dispatch notes and she was just parked there to pick her friend up from her residence and it's not even the same car that was called in to begin with, it was a silver saturn that was sitting in front of the other persons house and left and then they turned around and called on my daughters car who had just got there and was leaving. It could have turned out much worse, which am thankful for but what does this type of ticket mean for her and should she have gotten it in the first place??
Although you daughter is a LEGAL adult in most matters...She is a minor in this one. The legal age of pot, booze or tobacco is 21. BUT!! As a LEGAL ADULT should deal with it. Soooo...Have her post. Under her own user name. Or hire an attorney to assist her.
 

adjusterjack

Senior Member
Nobody has to see you commit a crime if you confess to it.

Get her to a lawyer and tell her to stop talking about it to ANYBODY except a lawyer, not even to you.
 

katib

Junior Member
Although you daughter is a LEGAL adult in most matters...She is a minor in this one. The legal age of pot, booze or tobacco is 21. BUT!! As a LEGAL ADULT should deal with it. Soooo...Have her post. Under her own user name. Or hire an attorney to assist her.
She did post under her own user name and I stated that to begin with and yes, I know she is legally an adult and that any of those listed are illegal and I'm totally against them. She is undergoing a lot of stress and issues and even though she is an adult by legal age, she is not in the right mind set and I wouldn't be a good mother if I didn't care to help seek out some advice as to how to help her. she wasn't getting any responses to her own post and I also wanted to get some insight as a parent. Other parents have posted about their children and I have not seen such a harsh response. I was trying to get some insight, as was she, if anyone has come across this same situation. You didn't need to be so harsh. We are not stupid and realize she is breaking the law by smoking period. But she was not smoking in this case nor had anything on her. That is what this forum is supposed to be about is to share experiences and get and give feedback. We know the obvious. Thanks for making us feel even worse when we are just looking for suggestions as I am on disability and trying to help her and can probably get a public defender maybe but she has no clue what she is doing and didn't tell me until this weekend and it happened a month ago and court is next week. But thanks for your support.
 

Just Blue

Senior Member
She did post under her own user name and I stated that to begin with and yes, I know she is legally an adult and that any of those listed are illegal and I'm totally against them. She is undergoing a lot of stress and issues and even though she is an adult by legal age, she is not in the right mind set and I wouldn't be a good mother if I didn't care to help seek out some advice as to how to help her. she wasn't getting any responses to her own post and I also wanted to get some insight as a parent. Other parents have posted about their children and I have not seen such a harsh response. I was trying to get some insight, as was she, if anyone has come across this same situation. You didn't need to be so harsh. We are not stupid and realize she is breaking the law by smoking period. But she was not smoking in this case nor had anything on her. That is what this forum is supposed to be about is to share experiences and get and give feedback. We know the obvious. Thanks for making us feel even worse when we are just looking for suggestions as I am on disability and trying to help her and can probably get a public defender maybe but she has no clue what she is doing and didn't tell me until this weekend and it happened a month ago and court is next week. But thanks for your support.
No wonder your child feels the need to self medicate. Wow.

Please hire an attorney for your adult child to give YOU the words YOU want to hear.
 

katib

Junior Member
Nobody has to see you commit a crime if you confess to it.

Get her to a lawyer and tell her to stop talking about it to ANYBODY except a lawyer, not even to you.
Makes sense if you say it that way. May I ask why she should not talk to her mother? She has no one else to talk to and this is a pretty big thing she had done as she has never gotten in trouble before and yes, it could have been much worse and in my opinion very lucky to not have gotten a dwai since she was behind the wheel, etc. But just curious why you would say not to talk to her mother about it? I have to look into a public defender but it's now less than a week away and it happened a month ago and she doesn't know how to do any of this, and just because she just turned 18, doesn't mean I have to throw her to the wolves. I do not condone this, and want her to learn from it.
 

quincy

Senior Member
Makes sense if you say it that way. May I ask why she should not talk to her mother? She has no one else to talk to and this is a pretty big thing she had done as she has never gotten in trouble before and yes, it could have been much worse and in my opinion very lucky to not have gotten a dwai since she was behind the wheel, etc. But just curious why you would say not to talk to her mother about it? I have to look into a public defender but it's now less than a week away and it happened a month ago and she doesn't know how to do any of this, and just because she just turned 18, doesn't mean I have to throw her to the wolves. I do not condone this, and want her to learn from it.
I don't have time to read your posts in their entirety right now but I can tell you that what your daughter says to friends or family can be used against her. She should speak to no one but her attorney. What your daughter says to the attorney is privileged and will remain confidential.
 

katib

Junior Member
No wonder your child feels the need to self medicate. Wow.

Please hire an attorney for your adult child to give YOU the words YOU want to hear.
Seriously, what is your issue??? It's fine to have an opinion but my daughter and I are in this together. I am not sure what you are trying to do by lashing out at others because it's an open forum for people looking for advice which is why the site is called Free Advice. Sounds like you need a little anger management classes. You do not know us or her situation or anything about us. Your comments are not productive for anyone and I would encourage you to not reply to posts and insult them when you have one incident that has occurred and we are on a site specifically seeking free advice that is advertised from Ask A Lawyer and this is one of their forums. Don't judge until you've walked in someone else's shoes. She does not self made a mistake which she deeply regrets. I'm so sorry I am a caring parent looking for someone else who may have been in this situation and am again, doing some research and looking at other's situations that may be similar to what she and other parents who post as well. But thank you so much for being open minded and answering in such a productive manner. I'm also sure that other's who may have the same question or may have been put in a similar situation can look at your replies, thinking maybe someone might have some answers vs being outright judged and insulted. Have a nice evening and if that is what makes you feel more like a grown up yourself, bully away on other's posts seeking serious advice. We appreciate you taking time out of your day to involve yourself with your kind productive words. Respectfully, Please leave us in peace.
 

CdwJava

Senior Member
The officer was responding to a call of a suspicious vehicle. He contacted your daughter sitting in her car as a result of that call. On contact, he smelled marijuana and inquired further. Your daughter admitted to smoking earlier in the day, but denied it then. The friend admitted to smoking recently and turned over the pipe. Smoking dope in a vehicle is a dumb thing to do - not to mention unsafe! The officer made a reasonable inference that your daughter had also been smoking marijuana.

It is reasonable to assume that the people in the car were passing the pipe as it is unusual for one pot smoker to take hits off the pipe and not pass it to another. However, the burden of proof will be on the state. If the state's attorney picks up the case for prosecution, they will have to show beyond a reasonable doubt that your daughter smoked marijuana in violation of the statute cited. Keep in mind that REASONABLE doubt does not mean that it has to be proven beyond all doubt. It is possible that the state could convict based upon the statements of your daughter and her friend and the observations of the officer. It might benefit your daughter to get into a treatment program before court as that might look like a good step to the court, and if convicted she might be required to enter a program anyway.
 

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