minor cought with marijuana after curfew with an adult

[Mo289]

What is the name of your state? California
im a minor and i was at the park with a "friend" (who is 18) who i was lying on top of when a cop rolls up, the cop sees a book with a bit of weed on it and a book of papers on the table, he searches my friend who has nothing on him, then he searches me, i have less than a gram of weed and a few lighters, he lets my friend go and takes me to the station. he charged me with drinking, possesion of marijuana, being in the park under the influence, and out after curfew, im only 16 and its my first arrest. i was suspended from school only a few weeks earlier for being under the influence of coke, alcohol, and weed, and am suseptable to random drug testing because of it, the cop didnt know this, how does it effect my case now when i go to court? i also was not read my miranda rights untill just before i was released, does this effect my case in any way?

also when i was in the police station the cops were acting terrible saying unnecisary and foul things, making fun of another woman who was all cracked out right infront of her, knowing she was too f***ed up to know what was going on, it felt like a magnifying glass on an ant hill. i was discusted
they also poked fun at me while we were all in the room. i believe that the police are here for the people even the ones under arrest, the way they were acting they werent here to help, it was a game, the things they said and the way they acted would have discusted anyone in regards to the police force here in my small town. is there anything i can do about this, im not talking like a big case that goes to the supreme court or anything, i just think these men should show some respect for other human beings even if they dont respect them personally, how can i file a complaint, or get these few men up for some kind of review? if i can do such a thing?

 

[CdwJava]

im a minor and i was at the park with a "friend" (who is 18) who i was lying on top of when a cop rolls up,

So ... the cop sees a couple making out (or more) in the park after hours. Good reason for a contact.

the cop sees a book with a bit of weed on it and a book of papers on the table, he searches my friend who has nothing on him, then he searches me, i have less than a gram of weed and a few lighters, he lets my friend go and takes me to the station.

As he should. He might have been able to stretch a contributing to the delinquency charge, however.

he charged me with drinking, possesion of marijuana, being in the park under the influence, and out after curfew, im only 16 and its my first arrest.

A misdemeanor punishable by a fine only (and a license suspension ... unless none issued in which case they will hold it for a while), another misdemeanor that effects your license and will likely result in a fine and counseling - possibly probation, and a non-criminal charge (curfew) that might result in probation.

i was suspended from school only a few weeks earlier for being under the influence of coke, alcohol, and weed, and am suseptable to random drug testing because of it, the cop didnt know this, how does it effect my case now when i go to court?

It means a judge is going to see that you are on probation and continue to thumb your nose at the law and common sense. Expect to be violated and do time in juvenile hall.

i also was not read my miranda rights untill just before i was released, does this effect my case in any way?

I don't know of any juvenile hall in CA that does not Mirandize juveniles when they are in custody. However, if the officer did not Mirandize you, and the Hall personnel did not Mirandize you, then they erred in violation of W&I 625(a) ... but, this is a procedural issue with no statutory punishment and does not result in a dropped case or suppression of evidence. CA holds to the federal standard for Miranda, so unless you provided evidenciary statements that are used against you in court AFTER you were arrested, the issue is a non-starter.

also when i was in the police station the cops were acting terrible saying unnecisary and foul things, making fun of another woman who was all cracked out right infront of her, knowing she was too f***ed up to know what was going on, it felt like a magnifying glass on an ant hill. i was discusted

You're gettin ghigh and messing around with your boyfriend after hours while on probation, and YOU were disgusted?

Again - another non-issue for your case.

is there anything i can do about this, im not talking like a big case that goes to the supreme court or anything, i just think these men should show some respect for other human beings even if they dont respect them personally, how can i file a complaint, or get these few men up for some kind of review? if i can do such a thing?

You can ask for a personnel complaint form and fill out a complaint against the officers involved for unprofessional behavior. But it still does not effect your case as it is a seperate matter.

And maybe if you start to show a little respect for yourself and for the law, they might consider giving you a little more respect. At this rate, this could well be a glimpse of your future for a long time to come.

- Carl

 

[magic55]

A little time in juvie will do you some good.