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Help!! Need legal advice.

Discussion in 'Marijuana Consumption Q&A' started by Jwc, Sep 1, 2012.

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  1. #1 Jwc, Sep 1, 2012
    Ok well my brother is 16 years old, first offence, nothing else on record no tickets or anything. This is in California to.

    3 cops rolled up and my step dad let them in and they started to search the house. My brother had his bud in medical marijuana containers but he ripped off the patients name. They found that and he had about 4 containers containing different strains. Not even an eighth.

    Then they keep looking and find more weed, a scale, baggies and 3 pipes. They cuffed him and started questioning him asking him if he was selling, he kept denying selling and said it was for personal use, and the scale to make sure he wasn't getting ripped off.

    After questioning him they talked to him and my mother. They finally talked it all out and they didn't take him anywhere, but the cop said he is gonna come back whenever he wants to and will drug test him, if he fails he is gonna get arrested. But he also said he is gonna send the report to the district attorney and he might have an arrest warrant.

    So what I'm trying to find out is what is the worst that can happen and what is the best case scenario that can happen.
     
  2. #2 Jwc, Sep 1, 2012
    Oh and he had less than a half o total. It was in seperate containers though
     
  3. #3 Hello there!, Sep 1, 2012
    The best case scenario is for him to not smoke.

    So don't smoke, and you're golden.

    I mean him.
     
  4. #4 smokin bud, Sep 1, 2012
    Does he sell? If so id probably tell him to get rid of his phone or at least delete all his messages.
     
  5. #5 YoSmokinMan, Sep 1, 2012
    The cop can't just come and drug test you. Calm down.

    If you get put on probation.. well sure they can but it'll be your po.
     
  6. #6 Jwc, Sep 1, 2012
    Well he did sell. He is gonna stop smoking to. I didn't think they could just come and drug test him either but the cop said if he gets any suspicion of him smoking or selling the warrant is gonna be active.

    They didn't give any tickets or anything just took all the weed and scale. How much jail time would be expected if he got charged
     
  7. #7 Cincytoker1, Sep 1, 2012
    Most likely if it's his first offense and he's under 18 it's usually just probation and CS. And prob paying for court costs and what not.
     
  8. #8 rallyboosted, Sep 1, 2012
    The cops just rolled up and knocked on the door randomly?
     
  9. #9 Jwc, Sep 1, 2012
    [quote name='"rallyboosted"']The cops just rolled up and knocked on the door randomly?[/quote]

    Yeah. They said they had gotten an anonymous tip that narcotics were being sold from the house.
     
  10. #10 rallyboosted, Sep 1, 2012
    Oh wow.. Well did the cops write him a citation or anything? They cant do shiiiiieett if they didnt write a ticket and he didnt go to jail.
     
  11. #11 Jwc, Sep 1, 2012
    [quote name='"rallyboosted"']

    Oh wow.. Well did the cops write him a citation or anything? They cant do shiiiiieett if they didnt write a ticket and he didnt go to jail.[/quote]

    Nope nothing but the police report. But they said he will have a warrant but its inactive unless the district attorney or the sargent says so
     
  12. #12 rallyboosted, Sep 1, 2012
    I wouldnt be worried about a drug test though. I thought the punishment for weed in california was really light anyway?

    Edit: Maybe higher punishment for under the age?
     
  13. #13 KushMaster478, Sep 1, 2012
    Hey bro, next tyme don't let them in.
     
  14. #14 Jwc, Sep 1, 2012
    Possession is a simple fine. Intent to sell is a felony. Idk if its harsher for being a minor or not
     
  15. #15 rallyboosted, Sep 1, 2012
    They cant get him for intent to sell for having a scale though. Not legally atleast.
     
  16. #16 Jwc, Sep 1, 2012
    [quote name='"KushMaster478"']Hey bro, next tyme don't let them in.[/quote]

    I know my step dad did and I really don't know why. But whats done is done so my bro is just stressing about what could happen
     
  17. #17 Jwc, Sep 1, 2012
    [quote name='"rallyboosted"']

    They cant get him for intent to sell for having a scale though. Not legally atleast.[/quote]

    It was with his weed and he had baggies with it
     
  18. #18 rallyboosted, Sep 1, 2012
    Yea but still not enough evidence for a intent to sell. I wouldnt worry about that.
     
  19. #19 Jwc, Sep 1, 2012
    [quote name='"rallyboosted"']

    Yea but still not enough evidence for a intent to sell. I wouldnt worry about that.[/quote]

    Ok for sure about that? He had 4 smaller containers for personal and 2 to sell
     
  20. #20 elevated420, Sep 1, 2012
    first offense he should be alright. its a good idea not to let them find your scales or anything because they'll always link that to intent to sale which is worse punishment. im from mississippi where its decriminalized and i had two friends get caught up they were selling and smoking and had scales and sandwich bags. they said scale was to weigh personal bud and bags were for their sandwiches. that worked down here but its a small town and we only get little slaps on the wrist anyways. hope all works out for you and your bro.
     
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