I haven't been on here in so long (forgot my password. Go figure) but I finally have a reason to officially come back after Google was no help. Last night, I was on my way home and my girlfriend gets pulled over for having a tag light out. The cop said he smelled weed and I gave him everything I had as soon as he asked where it was. I lost a bowl, approximately 2 gs, a grinder (with a kief collection that was about to hit 2 months) and a jar. I was taken to the station, finger printed, etc. The cop then went on to tell me how he dropped all of the charges except for paraphernalia because of my cooperation. I have a court summons on the 19th of March and I have some questions. Do I need to appoint a lawyer for a summons? I wasn't read my rights at any time during my detainment, would this apply to this situation? Background: I am 21 years old and currently a college student. I had never even been issued any kind of ticket prior to last night. I live in Delaware.
i read this whole thing then saw the username gods boner then the tags going to jail forever lol oh yeah sorry idk what to tell you but i had a friend who had a friend who got a case dropped completely cause the cop didnt read him rights
It's not like I'm gonna bail out on my court date. I'm gonna go and I'm gonna have to pay fines but I don't know about the lawyer situation. I plan on calling tomorrow but I just wanted some reassurance on the whole ordeal to settle my nerves.
You should be fine bro don't worry you will get some fines. my buddy just got busted with a half pound an other unmentionables over not singling to turn. You must be smart when ridding dirty.
The only part I retained from that is that you said you weren't read your rights. If this is true and the police officer failed to present himself properly and read out your miranda rights then his entire case against you is fraudulent.
I hate when people say if you weren't read your rights youll win. i tried pulling this once. The district attorney laughed at me. only if you were extensively questioned and not read your rights you can try it. i highly doubt you were questioned for a pipe. when i got my dui, i lost 400 bucks in grinders, glass, scale, etc.. DA didn't give two shits about the pieces and dropped that charge. without a lawyer. who knows, might get off with a slap on the wrist
i heard delaware anything under a lb is a misdemeanor. so you'll prob get 6 months probation or something thats what i got for the same charge in NJ
No you dont need a lawyer, Ask yourself what could a lawyer do for you anyways? You gave up yourself and your shit , you were caught you rights dont matter anymore since you gave your shit up and pretty much self incriminated Its now time to put the big pants on and answer to the judge. You betta come into court respecting the judge , dress nice and dont come off as another dumbshit college kid that got busted or hes just going to kick your shit even more . Since its your first time and you get your shit straight and act right hopefully you'll get off pretty easy. The cop already gave you a nice break on that Now I trust you wont let that shit get you in hot water ever again. I do a walk around my vehicle every week & I know the bulbs replaced and everything valid
Lawyers can get people out of murder, dumbshit. I know how to act when it comes to the law and as soon as he had probable cause to search the car, which was the smell, I gave him everything I had on me and was as cooperative as possible. Also, I have enough common sense to know how to dress in court. Arrogance isn't necessary. And my question was, Do I need a lawyer for a SUMMONS? Name-Calling is not allowed here. - KSR
That's not true at all. They only need to read you your miranda rights prior to interrogation or direct questioning, in order to use what you say in court. If he was arrested and then later interrogated and wasn't read his miranda rights, then anything he said during the interrogation would be inadmissible. But even that wouldn't make the whole case fraudulent, in this case there's still physical evidence.
For the record, smell alone is not probable cause to search a vehicle in most situations/areas. If you had declined a search, he may have tried to call in a drug dog but they can only detain you for a "reasonable" period of time and sometimes there isn't an available K-9 unit close enough to respond in time. That's happened to me before as a passenger in someones car. Got pulled over for an out tail light, cop said he smelled weed and wanted to search the car, driver declined a search. Cop patted him down, told him he was going to call a drug dog, driver was like "cool, I'm still not consenting to the search". A few minutes later we were free to go, no search involved.
Anyway yes if you can prove he didn't read you your rights then you could get the charge dropped. If you have money get an autorney
We had just got done smoking like 15 minutes before and I knew for a fact it smelled like dick. With the smell being reasonable grounds to search, I figured I would get off easier if I just gave him everything instead of him finding everything on his own, and it worked. I guess honesty isn't applauded anymore hahaha.
No... no he can't... Read my first post in here, some people misunderstand the point of miranda rights.
I'm sorry but man was funny reading I understand you mean dank and bro your fine you need no lawyer your at the most getting a fine and probation also I applaud your honesty
no you dont need a laywer he wouldnt really defend you too much just to be your represntation but you can do that youself . Theres nothing really to defend unless you WANT to fight it and plead not guilty you can go the whole way its your right you'll have to convince its not yours and the state will have the proof it'll be quick - its just a simple small drug related charge you'll be fine its just bud its not the end of the world bro you'll be perfectly fine your not going to jail forver haha. My bud got this for the same thing, tail light out and he gave the cop consent (dumb i still give him shit so he'll never forget lol) and the cop found a cig box with the evidence. He went to court since it was his first time they gave him Adjornment in Contemplation of Dismissal . judge just put the case on the back burner my friend kept his nose clean and 6 months later the case was closed. also, I wasnt directing any hate towards anyone my bad it it came off that way to you I wish you the best of luck & I'll set a side a bowl I'll rip just for you man
Just that will get you no where. You have to know the law and when and exactly how your rights were mistreated.
Just that will get you nowhere because they don't have to read you your miranda rights to arrest you and charge you with a crime. The whole miranda rights deal is just to let you know your rights when it comes to interrogation, so that they can use what you said in interrogation during trial. If you don't know that you have the right to remain silent, the right to an attorney, so on and so forth, then they can't use what you said during an interrogation as evidence against you in court. It has nothing to do with the case in general. In a situation like this, they don't need any testimony from OP. The physical evidence is plenty to charge him with possession.