Buh Bye $500 and a good night

Discussion in 'General' started by KingDullish, Feb 21, 2009.

  1. Ill try to keep this as short as possible.
    So me and 4 other friends are on the way home from a night of snowboarding and we have been drinking and smoking. I hadnt been drinking since we started snowboarding, so it would have been roughly 4 hours since i last drank that night. Anyways we get pulled over going 35 in a 25 and it was just beginning to snow. We get pulled over and the cop comes up and first takes the driver because he smelt alc. or whatever. I havent talked to him since last night so i dont know what charges he's gonna get but i will soon. SOOO i get out next and blow like .028 (not drunk) but regardless its underage drinking so i g2g sit in the squad car.

    At this point i think im getting $170 ticket for underage drinking, but theres still tons of pot and toooooo much paraphernalia in the car.

    This is where i need some help on. I did bring my bong and pipe and i had seeds with me too for some reason. They gave us all a paraphernalia ticket and a possesion ticket, but keep in mind they have no idea what paraphernalia belonged to who and whos weed it was. Fortunately we smoked all mine before hand so honestly, at that point i had NO weed. Now for the paraphernalia ticket, the cop said i was responsible for the seat i was in or some bullshit like that and that he hadnt seen this much paraphernalia in 8 years so everyone would get a ticket for it, but that just somhow seems illegal or not right. We had a bong, A/C, 2 pipes, and a 1-hitter, and two bowls, and maybe only like a 1g of weed left.

    So thats my story but more importantly i would like to know how i should plead in court because they have no strong evidence that anything was mine. So if i deny all things, which i have so far, then isnt it impossible to give the 2 tickets for weed?

    i dont think the seed are an issue. and the bong and my bowl were in my bag so i think ill just say everyone was scrambling and sombody put the bong and bowl in my bag. What do you think blades? THIS SUCKS:mad:
  2. Damn, Madison police are usually the shit. If you have it in your house its legal to possess less than an ounce by city ordinance. (although cops can choose to be dicks and enforce the state law instead of the ordinance.) Laws and the court system are so fucked up...:mad:
  3. Sorry, it sounds like they have a case.

    I mean where exactly do you see a defense in that story? You were speeding, had nearly .03 BAC and are not old enough to drink, and you had enough paraphernalia for each person and weed.
  4. Damn dude... shit sucks.

    I feel bad for you. I don't know about your area's laws, but around here you get pulled for that and you're under 21 it's an auto 6-months license suspension.

    Also, some other bullshit is for kids under 18 like my cousin, if you refuse to take a drug test from a cop or take a breathalizer, that's an automatic 6-month suspention too... i don't know how the fuck they can pull a DT like that haha...

    Shit in this world just seems to be getting more and more strict.

    Like as generations get older, they remember the bad shit they did, and make more laws that hurt the younger people... I can't imagine how fucked up and strict the laws are going to be once I have kids who are 16...

  5. well the weed wasnt mine so do you think i could get that one dropped in court??? and for the paraphernalia ticket idk what to do lol... maybe one of us could just take blame for all the paraphernalia in the car so just they get a ticket??
  6. If your pieces were dirty at all, there's a possession charge right there. If you can convince one of your friends to fall on the sword and claim everything then maybe. But any decent lawyer is going to be able to argue that no single person needs to take six or seven pieces with them on a short day trip. It depends on how badly they want to fuck you. Your lawyer will probably wind up negotiating a plea that drops enough charges to get you 6-12 months of probation, as long as this is your first offense and you don't have a history of legal trouble.
  7. I would say just find some way to do exactly that. One person gets the weed charge, another gets para. charge, drinking charge, etc.
  8. The law doesn't really work that way
  9. i was in a similar situation, plead guilty and got 2x 150 fine, no probation + court fees (around 500 total), however this was in wv, so im not sure. If your state has similar laws i would just plead guilty and get it over with.
  10. This^

    Dont take it to court man, they got more than enough evidence to fuck you over, take a plea deal, get the probo, get it over with.
  11. im not sure but i think you would get the paraphranailia charges dropped if one of your friends said it was all theirs......but really, who is gonna do that?
  12. Kinda fucked yourself bringing that much glass with you. I could see maybe a bong and a pipe, but damn. Just try and make a plea bargin with them. Chances are you'll get a big ass fine and probation, maybe some community service.
  13. #13 KingDullish, Feb 21, 2009
    Last edited by a moderator: Feb 21, 2009
    alright.. o cant believe im gonna have to pay all this $$$.. lose all my shit... and have to spend all this gay time in court.

    how would i go about a plea bargain?
  14. uhh i was there
    none of the stuff was mine
    will i still get tickets if i plead not guilty?
  15. I'm not an attorney but can offer you some sound advice.

    Always plead "Not Guilty."
    a) This gives you an opportunity for a pre-trial conference with the prosecutor (although in some ordinances you have to request or specify your desire to have one)
    b) Entering this as your plea also means the state has to assess what evidence they have to proceed, and they may drop or adjust charges without input from you, and are also more willing to plea bargain if they don't have bullseye evidence.

    If you plead guilty off the bat, you lose your constitutional rights as a defendant such as reviewing evidence/internal police reports, calling witnesses, asking for a continuation, and more.

    What's going to be instrumental here for you is the pre-trial conference. You will be meeting face to face with the prosecutor. This is where you suggest to him that you'll take a paraphernalia charge, or you'll take the alcohol charge, if he'd be willing to drop the other charges. Don't incriminate yourself or try to substantiate things by giving more information than required.

    Good luck, and keep us posted.

  16. thanks a ton... that helps alot +rep.... im going to plead not guilty to both para. and poss. charges cuz all the evidence they have is the piece of paraphernalia that they cant prove was mine... and the weed wasnt so w/e

  17. No problem at all, I've gone through the system a few too many times. If you got any other questions I might be able to help with fire away.
  18. ill let you know if i do thanks

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