Paraphernalia or posession?

[dillychily]

What is the name of your state (only U.S. law)? Michigan

I got charged to Minor in posession and possession of marijuana. The cops searched my dorm room and found a bowl. i signed a search warrant because they threatened to take me to jail. no marijuana was found but i still got a possession of marijuana charge. shouldnt this just be paraphernalia?

 

[CdwJava]

If they found a usable amount, that could be possession of marijuana as well. It could be the two charges are the same code section. What section have you been charged with?

 

[dillychily]

im not sure? just sais marijuana posession on my ticket. and the officer said there was "shake" in the bag

 

[CdwJava]

im not sure? just sais marijuana posession on my ticket. and the officer said there was "shake" in the bag

He may be using the shake as the usable amount for purposes of possession. Consult legal counsel.

 

[quincy]

Dillychily, didn't you say in one of your posts (that was tacked on to an old thread) that you are at Grand Valley State? A student was shot by a police officer there last summer for possession of marijuana. . . . .although, typically, the police do not shoot most offenders.

You are most likely charged under MCL 333.7403(2)(d), which is a misdemeanor offense. You can face up to one year in jail and a $2000 fine. The Township of Allendale also has a drug paraphernalia ordinance, which makes possession of drug paraphernalia a $500/90 day misdemeanor. It sounds as if you were charged under the state law and not the ordinance.

Some townships in Michigan, and some universities, enforce both drug paraphernalia and possession of marijuana offenses as civil infractions, but not where you go to school. You were given a Student Code Drug Policy pamphlet (or flyer) when you started at GVSU, which informed you that drugs and alcohol are prohibited (with a few exceptions) on university-owned property, and it outlined the penalties.

Although the school takes drug offenses pretty seriously, they usually don't shoot kids . But, like Carl, I recommend that you consult with an attorney, especially since you are in a county that has been especially harsh in the past with minors in possession of alcohol and drugs. You do NOT want a misdemeanor on your record, as it can screw with any financial aid you may be getting, it makes finding a job more difficult, and Canada travel is not possible.

An attorney can perhaps get your charge reduced, and the attorney can assist you in requesting diversion. The judges in your area are not always great about offering the program, but if this is your first offense, you should qualify. Diversion will come with community service hours, probably drug education classes, possibly random drug testing. But, if you meet all of the terms of the diversion program satisfactorially during your probationary period (usually 6 months), the minor in possession will be discharged and dismissed. If you are caught again, however, during probation, the charge will be entered and you will have a misdemeanor on your record.

Again, consult with an attorney. In your area, more so than in other areas of Michigan, you will want one by your side.

 

[dillychily]

yeah im aware of the kid being shot.... i got 2 MIPS within a month also. I cant afford a lawyer... am i screwed?

 

[quincy]

Ah, dear. Well, you are not in a great position, that is for sure.

Despite your lack of funds, I am still going to suggest that you (urge you to) consult with an attorney. You could, perhaps, take advantage of an attorney's free initial consultation, as a start. Although Western Michigan Legal Services do not handle drug and alcohol offenses, you should probably contact the Michigan Legal Aid Organization, anyway, to see if they can steer you in a direction that can be helpful. Go to Free Michigan Legal Aid — Michigan Legal Aid for numbers to call.

You could also contact the Michigan Bar Association for advice and direction, and State Bar of Michigan lists some state public legal resources - although, again, your area of the state does not have the legal resources available that Wayne, Oakland and Macomb counties have.

If you can beg or borrow some money from your parents or friends, so that you can cover the costs of an attorney (many attorneys in your area offer student discounts for drug and alcohol offenses), I think that may be your best option.

You ARE entitled to legal representation, because your current charge carries with it jail time. Ask for a public defender, if you are unable to come up with an attorney any other way. If you are a student with little or no income, you probably qualify.

But I really really really don't think you should go into an Ottawa County court without an attorney.

 

[dillychily]

i appreciate you telling me all this information. youve been so helpful. thanks

 

[quincy]

You're welcome, dillychily.

I did want to add that, although you are entitled to legal representation, the court will probably not appoint a public defender for your misdemeanor. Nationwide, public defenders average 400 cases a year (which is a lot), but in Michigan, public defenders often have had as many as 2800 cases in a year - so many courts here ignore the needs of those unable to pay for an attorney. Especially for misdemeanor offenses.

And, yet, Michigan is near the top in states in spending to house their prisoners. . . . . . .

At any rate, I wish you good luck. Get an attorney, any way you can. And, please, while you are at GVSU and a minor, avoid the alcohol and marijuana.

 

[dillychily]

i called the court and they said i show up and plead not guilty and the judge will ask me if i hired one and i say no and they would appoint me one for sure... should i bank on that?

 

[quincy]

If the court said that one would be appointed for you, then sure. I guess you can bank on it. Just make sure that the judge DOES ask you if you have an attorney and that, when you say no, the judge says one will be appointed.

You should prepare on your own whatever you can prepare on your own, in the way of a defense if you are pleading not guilty, or in the way of support for a light sentence if you are looking to accept guilt to avoid a trial. You will want to have the FACTS laid out nicely for your public defender before meeting with him/her because, as I said, public defenders have a LOT of cases and very little time to devote to any one case. The easier it is for your attorney to review your case and the facts of your case at a glance, the easier it will be for your attorney to help you.

Also, let your attorney know briefly what you want and don't want to happen - what your major concerns are (ie. you want to avoid jail) - and hopefully the facts can be worked to support your desired outcome through a plea deal with the prosecutor.

To your advantage, the jails are crowded, non-violent offenders are being released early, courts are being encouraged to limit the sentencing of jail time to those most needing incarceration.

One final thing: Dress and act appropriately when in court - a suit and tie if possible, no blue jeans or tee shirts (especially tee shirts with writing), no baseball caps, no gum, no cell phone, no pager, no cigarettes, no newspapers. Be respectful, polite, and contrite. Attitude and appearance mean a lot.

Good luck, dillychily.

 

[dillychily]

thank you so much.

 

[quincy]

You're welcome, dillychily. Good luck in court.