got caught today-need some advice

[BustTheDutch420]

okay so today i was finally caught by the police


im 18 and in high school still (senior year), we were hotboxing the car with 5 kids, 1 of them had an oz on him and he was smoking us all up so i was pretty happy. well we finish the blunt and we're parked a couple blocks away from the school (not a chill spot but we had no gas) and we're chillen waiting for the next mod to start and we let down the windows and what not, when we look behind us and see 2 cop cars park directly behind us.

they come up to the window and immediately ask for license and registration and get us out of the car individually and pat us down. i wasnt that scared cuz i had nothing on me but i was still scared shitless lol.

and of course these cops are dicks and are talking shit the entire time, and they search the car, find my friend Nick's ounce and immediately cuff him and bring him to the back of the car. then they searched the car and found a shotgun and dozens of prescription pills that didnt belong to the driver, so they cuffed him as well and hes facing two felonies and nick is facing a 2 misdemeanors.

they came and talked to me and i was real scared and shaking and they wrote me up an appearance ticket and charged me with misdemeanor possession for smoking in public view!


now i need some advice, i already talked to a lawyer and he said that inside of a vehicle is not a public place and therefore i cant be charged with that. i dont have any money so i'm representing myself and my arraignment is monday.........please someone help with some advice, what should i plead guilty and just take the plea bargain (probably probation and a $100 fine) or not guilty and risk it...........


and its my senior prom today and im not allowed to attend anymore

[PJV575]

I don't really have any advice, but sorry to hear about this. Sucks you can't go to prom anyways. If it makes you feel any better, I dropped out and I'll never go to a prom and I'm not bothered by it. But that probably doesn't.

What can they charge you with though if you were just smoking? And since you were hot-boxing I'm sure they didn't see you smoking personally. If inside a car is not a public place and you didn't have any weed on you, then I don't see the problem.

[420_bong_toker]

Dude im not sure on help but i dont think your in greater trouble here i mean do they have visual proof you were smoking...and you didnt have shit on you so your fine but the being 18 part kinda sucks man.

im sorry to hear bout this though my man.

[BlazinX1]

First off sorry to hear that but you guys shouldn't have been smoking in a parked car. I'm going to guess the car doesn't have tints right? I can smoke anywhere I want because I have 10% tint and NO ONE can see me, but you guys were proboly just chilling there, in view of all the houses, and someone called the police, or a cop drove past you and saw you. Really not the best idea.

The charge that you said is "possession for smoking in public view". Your lawyer says you can't be charged because you weren't in a public place, but that isn't what the charge you listed is. Since you were parked on the side of the road, which is city property, and public, and you could be seen by any person walking down the street, say a 5 year old kid, that is why you are getting charged with that.

They arn't going to offer you a plea bargin before the arraignment. Plead not guilty, and get a court date. In between that time is when you work on a plea and figuring out what to do. Unless the judge is a dick you can always alter your plea, to guilty, continuation without a finding, no contest (alfred plea)

So definatly go with not guilty.

[farmerfunk]

dude ur in a tough spot. the best way to go is with professional legal advice, since most people even if they knew the law would not necessarily be able to express it effectively to the judge in court. since ur representing yourself i'd just plead not-guilty (u can always plead guilty later i think), but if u dont want anything on your record or anything, u gotta pay the money for a lawyer =\ good luck (oh and if u plead guilty depending on ur state and charges u can come back in a year to get it expunged off ur record). this isnt something you should be listening to stoners like myself about. seek professional advice, maybe talk to your parents about the situation? good luck.

[BustTheDutch420]

Originally Posted by BlazinX1

First off sorry to hear that but you guys shouldn't have been smoking in a parked car. I'm going to guess the car doesn't have tints right? I can smoke anywhere I want because I have 10% tint and NO ONE can see me, but you guys were proboly just chilling there, in view of all the houses, and someone called the police, or a cop drove past you and saw you. Really not the best idea.

The charge that you said is "possession for smoking in public view". Your lawyer says you can't be charged because you weren't in a public place, but that isn't what the charge you listed is. Since you were parked on the side of the road, which is city property, and public, and you could be seen by any person walking down the street, say a 5 year old kid, that is why you are getting charged with that.

They arn't going to offer you a plea bargin before the arraignment. Plead not guilty, and get a court date. In between that time is when you work on a plea and figuring out what to do. Unless the judge is a dick you can always alter your plea, to guilty, continuation without a finding, no contest (alfred plea)

So definatly go with not guilty.

yes, i was smoking in a parked car and some guy (dont worry, i got his name and address, it was on the screen when i was sitting in the back of the car, so he'll be getting a nice couple treats soon) called the cops on us.

i got charged with criminal possession of marijuana which is a misdemeanor with 3 months in jail and a $1000 fine

what i think im going to do is ask for a public defender on monday since my parents arent supporting me and see where it goes from there.

[Extracurricular]

why cant you go to senior prom? it was off school property. maybe during school hours but if you skip a class that doesnt mean you cant go now does it?

[BlazinX1]

Originally Posted by Extracurricular

why cant you go to senior prom? it was off school property. maybe during school hours but if you skip a class that doesnt mean you cant go now does it?

I was thinking the same thing, thats kinda rough.

Originally Posted by BustTheDutch420

yes, i was smoking in a parked car and some guy (dont worry, i got his name and address, it was on the screen when i was sitting in the back of the car, so he'll be getting a nice couple treats soon) called the cops on us.

i got charged with criminal possession of marijuana which is a misdemeanor with 3 months in jail and a $1000 fine

what i think im going to do is ask for a public defender on monday since my parents arent supporting me and see where it goes from there.

If you live in mass I'll come defend you

[morrowb]

Fuck man that sucks. The fine and probation wont be as bad as missing your prom.

I feel for you that would seriously suck.

[JacobR]

If you are found guilty it won't be a big deal, however I'd deny smoking.

[verde622]

"If you cannot afford an attorney, one will be appointed to you,"? What happed to the 6th Amendment?

[Motoxridah]

You can always get a public defender who have lots of experience in the legal field. They aren't against you in any way even though they are court appointed. Mine got my possession and drunk in public down to a disturbing the piece which was only a $180 fine. I was planning on paying up to $500+

[BigBlaze]

Just gotta be smarter dude.

Why have a shotgun in the car? lol

[doodie69]

make sure when you go t o court your clean. I guarantee you that the judge will make you take a piss test when you go to court. They did it to me every time i went o court for being caught with marijuana. i think anythihng marijuana related they will make you take a pee test.

[BlazinX1]

Originally Posted by doodie69

make sure when you go t o court your clean. I guarantee you that the judge will make you take a piss test when you go to court. They did it to me every time i went o court for being caught with marijuana. i think anythihng marijuana related they will make you take a pee test.

I was arrested for possession, intent, and intent in a school zone + possession of para.

I didn't get piss tested, invasion of my privacy The prosecution tried to make me take random drug tests for the duration of the trial (this was at my arraignment) but my lawyer bitched them out and the judge ruled I can do what I want and won't get tested unless found guilty.