How ****ed am I/What can I do?

[dangerousdnl]

I live in California. Yesterday, me and my friend were pulled over, driving without a license. They asked us to get out of the car, and searched it without consent or anything in clear and present view. They found several pipes, a bong, weed, and the remainder of a bottle of rum. I, the driver, was completely sober, and not under the influence of any drugs, but that may be hard to prove since I was not breathalyzed. I am 16, and am hoping to get into college. Do you guys have any advice as to what I should do? Also, they never read us our Miranda Rights.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Proserpina]

I live in California. Yesterday, me and my friend were pulled over, driving without a license. They asked us to get out of the car, and searched it without consent or anything in clear and present view. They found several pipes, a bong, weed, and the remainder of a bottle of rum. I, the driver, was completely sober, and not under the influence of any drugs, but that may be hard to prove since I was not breathalyzed. I am 16, and am hoping to get into college. Do you guys have any advice as to what I should do? Also, they never read us our Miranda Rights.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

OK, first - what have you been charged with?

 

[CdwJava]

I live in California. Yesterday, me and my friend were pulled over, driving without a license. They asked us to get out of the car, and searched it without consent or anything in clear and present view. They found several pipes, a bong, weed, and the remainder of a bottle of rum. I, the driver, was completely sober, and not under the influence of any drugs, but that may be hard to prove since I was not breathalyzed. I am 16, and am hoping to get into college. Do you guys have any advice as to what I should do? Also, they never read us our Miranda Rights.

Driving without a license is a misdemeanor in CA. You were subject to arrest fr the offense, and the vehicle was subject to impound. if they impounded the vehicle, they had a right to conduct an inventory (search) of the vehicle. If they did not impound the vehicle, then the area of the search might be limited or impermissible, but if they found bongs and weed, chances are they smelled the odor of marijuana and that would have justified a further search for probable cause,

Also, about 9 out of 10 arrestees never need Miranda read to them. Miranda generally only applies when a person is both under arrest and being interrogated.

Consult legal counsel ASAP. These are not major offenses, and they can all be sealed if convicted. Chances are, diversion will be offered if you do not have any priors. But, you will have to tow the line and walk the straight and narrow from here on out. The time to think about that future you want is BEFORE you go out and break the law. It is not the fault of the police or the justice stem that YOU CHOSE to break the law. look in the mirror to discover the culprit that is putting your future at risk.

Good luck.

 

[mistoffolees]

Consult legal counsel ASAP. These are not major offenses, and they can all be sealed if convicted. Chances are, diversion will be offered if you do not have any priors.

Absolutely. OP should immediately talk with an attorney.

And DO NOT TALK WITH ANYONE ELSE about the situation.

 

[CdwJava]

Let's keep in mind that these are very minor offenses and if the OP is 16 it may not even make it past the Juvenile Probation Department. Diversion is very likely (depending on the county he is in).

All three citations are low grade misdemeanors (the marijuana, alcohol, and unlicensed driver) and are often charged in traffic court as infractions. How they might be handled in the OP's court is hard to say. It is very likely that he will not see a license until he is 18, but this shouldn't be a problem to keep off a future criminal record - especially with proper legal counsel.

But, if the OP has a history, is a miscreant at school and home, or cops an attitude, then he might have problems.

 

[dangerousdnl]

@Proserpina
I don't think I have been charged with anything yet, but I have a court summons where they will be deciding.
@CdwJava
The car was impounded.
I have a prior offence, but not or record. I was once caught after smoking in an abandoned house, and I would have been charged with trespassing and possession of marijuana, but charges were dropped because I argued that the search was illegal (which it was). Will those charges be seen/ is that considered a prior offense?
I was very respectful when speaking to the cop, and I did not lie.

If handled properly, will these charges prevent me from going to a decent college?

 

[dangerousdnl]

Also, I just remembered that the cop said every piece of paraphernalia was a separate misdemeanor. Is that true? And do you think it is likely that they will press charges for each one?

 

[CdwJava]

@Proserpina
I don't think I have been charged with anything yet, but I have a court summons where they will be deciding.

A summons? If the officer gave it to you, it is a "promise to appear" (a citation). If the COURT or the DA sent it to you, then they can issue a summons. It has the same effect - appear in court at the date, time and location indicated ... or else.

@CdwJava
The car was impounded.

Then the search was likely valid pursuant to an inventory.

I have a prior offence, but not or record. I was once caught after smoking in an abandoned house, and I would have been charged with trespassing and possession of marijuana, but charges were dropped because I argued that the search was illegal (which it was). Will those charges be seen/ is that considered a prior offense?

Only a conviction is a prior offense. But, previous contacts will influence the DA's decision as to what to charge or offer.

If you were trespassing and smoking marijuana, I hesitate to see why the search would be illegal; as you would have been subject to arrest AND would have wreaked of the odor of marijuana, but that's another issue. Unless a judge ruled the evidence unlawfully obtained, you are merely guessing on tat one.

If handled properly, will these charges prevent me from going to a decent college?

Probably not.

Also, I just remembered that the cop said every piece of paraphernalia was a separate misdemeanor. Is that true? And do you think it is likely that they will press charges for each one?

The DA will likely charge it all as one.

And what are we referring to as paraphernalia? What charge(s) )code sections) were you hit with? Marijuana paraphernalia is not a criminal offense in CA, but if charged as the possession of tobacco products by a minor, then it can be criminal (PC 308(b)).

 

[dangerousdnl]

When I was trespassing, I was caught 1 mile from the scene about an hour later, and they searched me on the basis of the neighbor mentioning someone with 'curly hair'. They also randomly searched a friend of mine who I was saying hello to, even though she had nothing to do the smoking/trespassing.

 

[CdwJava]

When I was trespassing, I was caught 1 mile from the scene about an hour later, and they searched me on the basis of the neighbor mentioning someone with 'curly hair'. They also randomly searched a friend of mine who I was saying hello to, even though she had nothing to do the smoking/trespassing.

And, once again, unless a judges stated that the search was unlawful, that is merely your own spin on the issue. I can articulate a number of reasons to support such a search (especially if I could smell the odor of marijuana on you ... and that stuff reeks).

But, that is nether here nor there - what are the specific statutes you have been charged with violating?

 

[dangerousdnl]

I am not sure, my guardian has the papers from the police. As far as I know, I could be charged with any of the following: Driving without a license, possession of marijuana, possession of paraphernalia, and possession of alcohol.

The specifics regarding the paraphernalia: there were 3-4 pipes, a grinder, and a bong. All of them would test positive on a resin scrape.

By the way, thanks for all your help and useful advice.

 

[CdwJava]

Well, there is no criminal charge in CA for possession of marijuana paraphernalia. if anything, it would be charged as possession of tobacco products. As a cop, I preferred filing this because marijuana was only a $100 that was usually paid by the parents whereas the tobacco products charge required community service on the part of the minor as well as the fine.

The marijuana is an infraction if under an ounce and if cited after January 1st. The unlicensed driver violation is a misdemeanor often cited as an infraction. The alcohol could be either depending on the circumstances.

Depending on your history, school performance, and attitude, you may be able to walk past this not long after you are 18 or get diversion right away. But, you will have to keep your nose clean and quit doing dope and drinking.

 

[dangerousdnl]

Yeah, I've definitely learned my lesson.
Is possession an infraction even to minors? I think I have heard otherwise, but I'm not sure.
Do multiple misdemeanors add up to a felony, or will my maximum charge end up being several misdemeanors?

 

[CdwJava]

Yeah, I've definitely learned my lesson.
Is possession an infraction even to minors? I think I have heard otherwise, but I'm not sure.

Yes, it is an infraction.

Do multiple misdemeanors add up to a felony, or will my maximum charge end up being several misdemeanors?

Multiple misdemeanors are multiple misdemeanors.

 

[dangerousdnl]

Today, I was told that if a minor is caught with weed/alcohol in their car, it is an automatic DWI, regardless of whether the driver was intoxicated or not. Is this true? If so, will I get 2 DWI's (1 for each substance)?