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A little run in with johnny law

Discussion in 'Seasoned Marijuana Users' started by sAntA199, Oct 15, 2009.

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  1. #1 sAntA199, Oct 15, 2009
    So after a year or so of browsing these forums and looking at bud porn, i figure this would be the best place to get some advice

    long story short, i got busted about a month ago when somebody in my dorm called the cops saying they could smell pot. they came in and found all me and my roommates pieces and all our pot.

    ive got a court date next week and i have little to no knowledge on how the whole process goes and what i shuold do.

    this is a first offense and the cops only gave me unlawful possesion of marihuana (they spelt it with an h lol) so im wondering if anybody knows if i should plead guilty or not.
    also i live in ny so i guess this is for people who know those laws

    thanks a bunch guys
     
  2. #2 Glass Clown, Oct 15, 2009

    Get a lawyer, end of story. Don't listen to anyone that's not a lawyer. Without a lawyer, you are fucked up the ass.
     
  3. #3 salsadestroyer, Oct 15, 2009
    If they just busted in then plead guilty, but ask the judge to dismiss it under grounds of unlawful search and seizure. Without a warrant or without probable cause, they can't just walk in. UNLESS you told them they could... I really hope you didn't.
     
  4. #4 mysticcook, Oct 15, 2009
    --------------------------------------------------------------------------------
    Go talk to lawyer majority give free advice cause you have to hire them if you feel the need.
    do you work? every state has different minium money you cant make.
    then they give you a public defender.

    But you have to play their game You are "not guilty!!!"
    now they have to prove beyond a reasonable doubt that you are. That takes time and money.
    Then if you decide if you dont want lawyer $$$$ you can talk to prosecuting attorney about lesser charge.
    ask about a deferal prosecution. Whats the best they can offer you (plea Bargain)

    get a drug eval more $$$ but if it good then use it in your defense.

    This just info from my life and what i have observed in the courtroom.
     
  5. #5 t0xIc., Oct 15, 2009
    sure can in a dorm room
     
  6. #6 LiVe4AThRiLL, Oct 15, 2009
    sounds like someone was jealous of ur stash haha

    every state has different laws, idk what the penalty is for unlawful possession. really depends on ur state,

    google MARIJUANA PENALTIES BY STATE and you should get a site linking to NORML. click on your state and check your penalties. if its too much to tolerate, get a good lawyer.

    EDIT: just click on NY on that site, didn't see that in your post, sorry
     
  7. #7 OCTAGONAL HOME, Oct 15, 2009
    I totally agree. This charge really isn't gonna add up to much. Call the judge 'Your Honor', they like that.
     
  8. #8 SimplyLemon, Oct 15, 2009
    I'm not a Ny resident, but I believe they have some strict laws. Here's a link of what to expect;

    Unlawful Possession of Marijuana in New York

    With him living in a dorm, they do not need a search warrant, all they need is probable cause, kind of like if he was in a car and the cop smelled the odor of cannabis on him. First time offense is usually lenient, but I don't live in your state and can't tell you that for sure.

    I don't think [and I hope you won't] you should continue smoking in your dorm or keep possession. I'll admit that I've vaporized a few times in my room, but vaporizing has much less of a stench. Still, get a car and put a safe in it and stash your pieces and what not there or a trunk. As long as either of them are locked, they cannot search it without consent.
     
  9. #9 LiVe4AThRiLL, Oct 15, 2009
    according to NORML, it's decriminalized

    if his dorm is on school grounds though, then the penalty is increased
     
  10. #10 guest5555555555, Oct 15, 2009
    Last edited: Oct 15, 2009
    im surprised you werent kicked out of school.. how much did you personally have? any paraphernalia belonging to you? in NY pot is decriminalized up to an ounce and im not positive about paraphernalia. my guess, since you were/are a student, the sentence will probably be probation at worst. i would plead "no contest". and request to be put under the holmes youthful training act. HYTA states that if you complete a said term of probation with no violations than your record will be wiped clean. if you plead not guilty you will go to trial and get fucked. if you plead guilty it will stay on your record. if you plead no contest you basically are telling the court that you do not contest to the charges. this way you never actually admit to committing the crime. this can A) buy you some time and B)give you an opportunity to work out a plea bargain with the court. your best bet is to ask for HYTA and write a sincere letter of apology to the dean of your school and also write up something to the court that shows remorse for your actions and the intent to change your stoner ways. make sure you stress the fact that you are a student and you do not want these bad choices to ruin your chance at a good SUNY education. also make sure you wear a shirt and tie and comb your hair. nothing makes sentencing worse than someone that does not respect the law enough to dress appropriately. always address the judge as your honor. also try to get some reference letters together from teachers, youth pastors, parents, the old lady whose lawn you always mowed etc etc. if you can afford it, i would also seek legal advice, but if you cant, the advice given should really help this work out. look around online too.. im sure you could figure out who the prosecutor is and if you contact him/her with your case and can convince them that you are not some stoner, but that you got caught up in bad decisions, then he/she might be willing to work with you. also look for similar cases. good luck man, i know youre in a very difficult situation

    let me stress again, do not plead "Not Guilty" this just makes you look like a punk kid who thinks he can lie his way out of anything. this also will lead to a trial where you WILL be found guilty. while it may seem like the easy way out, pleading not guilty for something that you are obviously guilty for will make your sentencing much more costly and severe

    also make sure that you have copies of all letters available at your hearing date. the prosecutor and judge will both be glad to see these.
     
  11. #11 LiVe4AThRiLL, Oct 15, 2009
    the HYTA age is 17-20 and he could still go to prison, but like kindbuds said since its first offense he'll prob just get probation.

    also, kindbuds seems to know what he's talking about and it sounds legit.
     
  12. #12 weeeeeeed, Oct 15, 2009
    I thought that if they misspelled anything on the ticket it's void. :confused:
     
  13. #13 vertiN, Oct 15, 2009
    i pretty sure mariJuana is spanish...the J makes it spanish...idk
     
  14. #14 LiVe4AThRiLL, Oct 15, 2009
    the law sometimes refers to it as mariHuana. i've seen it on a couple of medical weed titles also
     
  15. #15 zoltron, Oct 15, 2009
    The Holmes Youthful Training Act? Was that started by John C. Holmes? If it was, you'll need at least a 13" schwanz to be considered.
    I saw him rip apart this sweet young girl in 1 of his movies. His moniker was "13 inches of dangling-death!!" 1 actress who starred alongside him had to wear diapers for a few years after she was hammered 1/2 to death. :D
     
  16. #16 vertiN, Oct 15, 2009
    mariHuana is the english word...H=J in spanish...correct me if im wrong
     
  17. #17 LiVe4AThRiLL, Oct 15, 2009
    i really have no idea, i called my bud and he said that its no different from eng. to span.

    i just said the H emphasis dealt with the law cuz a few of the cops i know say

    mari-HWAN-a instead of marijuana. i really dont know for sure though haha
     
  18. #18 sAntA199, Oct 15, 2009
    thanks guys. so i guess im pleading no contest... i dont really have cash for a lawyer

    oh and by the way the death toll was my bong, grinder, me and my roommates vape, his bowl, a chillum, and about 1.5 of middies

    i miss my bong
     
  19. #19 Canada007, Oct 15, 2009
    Get yourself a good lawyer. Really annoys me when police bust students. I hope this doesn't effect your standing in school.

    Good luck with it.
     
  20. #20 Glass Clown, Oct 15, 2009

    I seem to remember hearing someplace concerning lawyers: "if you so desire but cannot afford one, one will be appointed to you without cost. Do you understand your rights?"

    Get a PD, it's better than nothing. But consider the investment this way: think of fines you might get out of if you had a lawyer.
     
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