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Got Caught Out of State? Help!!!

Discussion in 'Apprentice Marijuana Consumption' started by skittles124578, Aug 28, 2010.

  1. #1 skittles124578, Aug 28, 2010
    I got a marijuana possession out of the state that I live in last night. I have a court date set for like two weeks from now. I am just wondering what I should do? I got caught in Michigan and don't know what the punishment will be for a first time offense. I only have one other ticket on my record and that is an underage which took place in Minnesota.

    I have heard that if you don't go back to that state you can't really get in trouble, but I don't think that is correct as there would be a warrant for my arrest if I do not show up to court?

    Also, should I plead no contest? I was pretty much guilty, so I can't say not guilty.
     
  2. #2 CharO0ne, Aug 28, 2010
    If you leave the state, there will be a warrant for your arrest, I may be wrong, but I'm pretty sure if you leave they put out a warrant for your arrest. And if you were clearly, without a doubt, caught in the act guilty, then I'd just plead guilty. Sorry that happened to you, it angers me whenever I hear someone getting arrested for stuff like this...
     
  3. #3 skittles124578, Aug 28, 2010
    Yeah I plan on going to court on that date. I am hoping they will go easy on me as jail time isn't something that I can really serve. This blows.

    It says that there is a possible probation that i could be put on to avoid the jail, but i don't know what that entails.
     
  4. #4 zolid, Aug 28, 2010
    Yeah you need to show up no matter what, also how much did you end up getting busted with?
     
  5. #5 skittles124578, Aug 28, 2010
    I did not get busted with much. I had like two bowls left. So like half a gram or less. I also had a grinder and a pipe but the officer just took those and did not give me a paraphanelia. But I got possession, and from what i see the penalties are stiff in Michigan, which is unfortunate.
     
  6. #6 Thinking Ideas, Aug 28, 2010
    Damn, dude. :mad: Sometimes I hate this country.
     
  7. #7 DragonMage, Aug 28, 2010
    Michigan - NORML Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000.

    Conditional discharge is available in all use and possession cases. Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
     
  8. #8 weedsmoker 420, Aug 28, 2010
    looks like 90 days at the least....
     
  9. #9 outwarn00b, Aug 28, 2010
    Michigan is pretty chill, although it is not decriminalized as a state (I don't think, despite the MMJ) it is mostly decriminalized in individually areas (cities, counties, etc.). I know a cop there and in that part of town it's like a $25 ticket for possession. I'd go to court and get by clean saying you're out of state... maybe a fine or two :\
     
  10. #10 Virtue 7, Aug 28, 2010
    Last edited by a moderator: Aug 28, 2010
    This happened to me in Colorado not even a year ago.

    All I can say is stay in contact with the courts. If you're nice and respectful maybe you can work something out with them. Explain to them that you can't make it back into town, you just don't have the money. Ask them if they can maybe push the court date back.

    You don't want to not show up to your court date. You can/will get a warrant and can/will be arrested whenever you're pulled over.

    With my case I pleaded Guilty. I don't think you want to fight the charge seeing how you were busted you don't have a case.

    The judge did a plead agreement with me. I plea guilty and they dropped one charge and aloud me to pay a fine through the mail... Meaning I didn't have to go to court out of state.

    Talk to the courts dude! You can't get real answers from any of us. DON'T miss you court date. That's just dumb.

    good luck! :D

    EDIT: Sorry this happened to you buddy. I'm still paying off my fine from almost a year ago. It's lame that we live in a country where a plant that helps us spread so much love is also punishable by law.

    Just makes you wanna fight for legalization more, right?
     
  11. #11 Foxie, Aug 28, 2010

    :devious:


    [​IMG]
     
  12. #12 schultzy225, Aug 28, 2010
    You should be able to get off with 12 months probation and maybe some drug testing or drug classes. You will also want to look into this and see if you can make it apply because it will keep the conviction off your record

    Michigan Legislature - Section 333.7411
     
  13. #13 weedandbombs, Sep 2, 2010
    Last edited: Sep 2, 2010
    I just went to court last night for an out-of-state possession charge. I had to postpone until i couldn't anymore and bite the bullet and fly back.

    Most courts WILL NOT WORK WITH YOU if you are out of state - They simply do not care. There were several other cases that came in during court where the individual lived out of state and could not make it. One individual had previously phoned the court and stated they were out of state in school and would not return until December 17th. The judge issued a warrant for their arrest despite them saying they are IN SCHOOL and could not return.

    Sure you might get a lenient judge.. but that's RAAAARE!

    My outcome? 1 year conditional discharge which they're "transferring to CA" (i have no idea how thats going to work since i'm an MMJ patient in my home state) and $800 in fines :(


    I wish you luck though!
     
  14. #14 Virtue 7, Sep 2, 2010
    Last edited by a moderator: Sep 2, 2010
    lol :)
     
  15. #15 weedandbombs, Sep 2, 2010
    Also, OP - if you haven't had any CDS charges... you can get a conditional discharge which is basically 1 year of unsupervised probation and a fine. You do not plead guilty in this case, so nothing shows up on your record. NEVER plead guilty if you have no priors - the prosecutor will ALWAYS work something out with you.
     

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