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Arrested; need insight

Discussion in 'Marijuana Consumption Q&A' started by fstonezzz, Apr 20, 2016.

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  1. #1 fstonezzz, Apr 20, 2016
    Last edited: Apr 20, 2016
    Hey blades,
    I got some legal trouble this last month and I'm really just looking for some insight and maybe what you think will happen to me. I guess I can't really ask any questions without telling you my story first.

    I had just gotten off work and my friend and I were on our way to our buddies house the town over. As we were getting off the highway I see cones and a tons of lights but no signs. I assumed it was a checkpoint even though there was no signs. And unfortunately I was right. Now I wasn't that concerned at first because I hadn't smoked in my car in quite a while. I pulled up and they waived me to the side, officer asks for my license and registration. As I get my license out and reach for my registration he tells me to get out of the car. I'm flipping shit at this point this is the first time I've ever been in any trouble at all like this so I was so scared. He immediately starts patting me down and puts my hands on the car with like 4 other cops around me. This is where my words killed me. He asks why the car smells, at first I'm like I don't know. Then I just feel pressured and scared and say I smoked in it just to try and make it seem as if that was the reason it smelled( horrible mistake) he asks how long ago and I say 2 hrs ago even if though I hadn't smoked at all that night, I was just hoping to justify why it smelled and make the situation go away (dumbness I know). He then asks if i have anything in the car and I said a pipe. My hands were behind my back this whole time and I was scared shirtless so I just admitted I really wish he would have read me my rights and I would have known to shut up(they never read me my rights ever). He immediately puts me in handcuffs and puts me in the back of a cruiser. They pull my buddy out of the car and he was pretty drunk and underage ( we are both 18 and high school seniors). He arrests him and puts him in the back of the car too after questioning him. I see 4 or 5 cops just trashing my car while they take my three pipes and weed that was actually my friends but I was already fucked so i just took the fall for it. I had about a gram at most.after they are done searching me and my friend are sitting in the back of the car and I asked what I was being charged with and he just didn't say anything and that we would talk. A few minutes later he opens the door to where I was sitting in cuffs and I told him I'm sober and will gladly take the breathalyzer as he had been trying to get my friend to take it but he wouldn't give it to me. Then he gets back in the car and we just start driving. I ask him while he's driving about how long he thinks I'll be in jail for and he says just don't drop the soap (asshole lol). Anyways we pull up to the hospital and he says I'm getting you tested for marijuana. It then dawns on me and realize this asshole is trying to pin a dui on me. I ask him what tests I'll be taking and he's says I don't know could be blood could be urine and wouldn't give me a straight answer. I was confused and didn't know what to do as I knew if it was urine I'd be fucked but if it was blood I might be alright as I hadn't smoked. I then asked him what I should do and he says I wouldn't take the test if i were you because if you've smoked anything in the last 30 days it will pop off and you'll have a harder time in court(gives me legal advice). So taking the cops advice I say no and we are off to the station and get booked from there.
    So basically I got charged with paraphernalia, possession and an OWI (dui in indiana). Personally I feel like shit and my life feels like a pile of shit as well right now. This all happened in indiana and I'm 18 with no previous run ins at all with the law, not even a ticket. I'm just curios at to what you think will happen to me. My preliminary trial is in a week and I'm so nervous. I have a lawyer and I haven't heard much from him but he's a family friend and I have a lot of trust in him. I'm hoping the owi gets dropped because there isn't any evidence and the cop didn't perform any field sobriety tests but I don't know.
    I guess the big questions I have are 1) how long will this whole court process take, I just want to be done with this and move on (how many court cases)2) how much trouble will you think I'll get it in ? I'm suppose to go away to school (in state) and I have pretty good grades and like I said no criminal history at all. 3) I miss smoking so much and I understand I won't be able to smoke for a while but do you think it will get dropped, probation (hopefully unsupervised) or jail time ?

    I appreciate the help blades pretty shitty point in my life considering I just turned 18 too and I'm just looking for some insight on to what will happen to me.
    On a sidenote I've been clean for this whole last month since the arrest in case I get drug tested at court or something. also lawyer said it would help to go to a rehab weed kinda place I guess and my first appointment is the day before my court case.Sorry for the negativity on 4/20 too, smokef one for me :)
     
  2. Well that sucks the big one. Get a lawyer, a good one. Nobody here will give you any better advice and their insight means little to your situation. Get a local attorney's insight not another stoner's insight. You might as well bite the bullet and tell your parents as they will have to more than likely pay for your lawyer since it will cost thousands and thousands of dollars. The cop screwed you to save some time. Refusal to submit a sample is a lock for OWI on top of your confession. Like I said get a real good lawyer you will need it.
     
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  3. Drug court or your state equivalent, probation with random drug test for 6 months to a year, assuming you pass the test and pay the fines, they'll dismiss the case at the end of the year, you won't have a criminal record. Only take this deal if you can stay clean and pay the fines, or you will spend time in jail.


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  4. I'm in the same situation as you too OP. The most you're probably gonna get is an ACD if your lawyer is good. This just means you're gonna have to spend a year without smoking. Good luck on your case by the way! My friend got caught with weed and a grinder in Virginia and all they made him do was pay 100 dollars so who knows we might be fine and have to do that?
     
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  5. Cop set you up sorry to say. If you refuse sobriety test in Indiana its automatic 1 year suspension of license. So get a decent lawyer, let it set on prosecutors desk for a year...having your lawyer delay proceedings for that long...then have him make a plea deal to drop all the charges but the dui...By that time you should be getting your license back. Might get sentenced to 3-4 days but most suspended or time served...like others said piss clean for them and pay your fines....stay out of trouble for a year or forever
     
  6. lol the or forever bit made me laugh
     
  7. Ya my parents know that's how I got the family lawyer. I'm not overly concerned about the money but I just want my licence back and hopefully some . From what I understand the cop was suppose to perform multiple tests too. My lawyer said there may be a few technicalities. Wasn't really looking for legal help but just insight on the situation if you've been there before and what to expect
     
  8. You need to let a lawyer come up with the best defense because he will need to pick out little details that us on here wouldn't be able to do. I hate to say it but you made the worst possible decisions during this entire ordeal and incriminated yourself. You really do need a great lawyer, with that many details I have no idea what will happen legally. Don't beat yourself up about it; you're young and you were unprepared. You were in a situation that most of us could find ourselves in.

    But this is how cops fuck you over. I believe they targeted you because you looked young and nervous. All he had to do was pull a little bit of a scare tactic and you provided him every single piece of information he needed to give you every single one of those charges.

    TIPS FOR OTHERS WHO MIGHT GET IN THE SAME SITUATION

    1.) Never admit to committing a crime. There is no point in incriminating yourself. Some people will argue and say that some cops will "let you off easy" for being honest... but fuck that.

    2.) RECORD EVERY POLICE ENCOUNTER. An officer may make a mistake or do something illegal or against protocol and your charges can be dropped if you provide evidence of this.

    3.) Have confidence, don't submit to any searched, demand a search warrant. If you show that you know your rights, most cops will not fuck with you over a suspicion of marijuana. You know how many cops are getting FUCKED OVER by viral videos of misconduct?

    "Officer, am I being suspected of a crime? I believe you are falsifying the claim of smelling marijuana in an attempt to falsely claim probable cause and illegally search my vehicle. I am video recording you. I will wait for a K-9 unit to arrive if you feel the need to detain me, but what I am witnessing now is my rights being violated by being stopped without cause and detained for a fraudulent claim of probable cause. I demand to speak to your supervisor". Some may say this is obnoxious and will irritate the cop... NOPE. It's better than incriminating yourself, you literally have nothing to lose trying this.

    Most cases like yours are by genuine asshole cops. I doubt he even smelled weed, he basically ruined your life for no reason. Have confidence, flex your rights!!!
     
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  9. When he asked why the car smelled you should have said it doesn't. He might not have smelled anything that's just some bullshit cops say to get you to admit to something. There may not have been a smell at all. He was fishing and unfortunately he got you to bite. Never admit anything no matter what.


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  10. police dont need to read you your Miranda rights
     
  11. They read them to you only if your being taken into custody

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  12. No they don't have too. I was under the same impression until speaking to several attorneys about it. I didn't believe them at first. I thought I had the case beat. Video footage plainly showed no miranda rights being read.
     
  13. Miranda rights read Only for felony arrests


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  14. Op nobody can
    Can help you here with legal advice. Different jurisdictions handle things differently. The only person that can offer you correct advice for your situation is your attorney. Stoners on a website have no idea of the details of your arrest and local laws and can only guess at it

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