I need advice on an arrest and citations I received.

Discussion in 'Marijuana News' started by eddiedean, Jun 14, 2016.

  1. #1 eddiedean, Jun 14, 2016
    Last edited: Jun 14, 2016
    Question for the state of Wisconsin:

    So, a couple friends (C and K) and I were headed home from work, around 11 pm. We carpool, so my car was parked and locked, and K was driving. K is a minor (17), and C and I are both 20. As we got back into town, we parked in a grassy area next to C's parents property. My car was parked on their property, but the car we were in was on public property. As soon as K stopped the car, C says hes tired, and goes into his house.

    Interjection, when we left our place of work, I found a bag. I assumed it was someones at work, so i picked it up, as we were the last ones out of there. I threw my wallet and a couple other things in it, as where we work is a pretty tight-knit group, and I didnt want to carry my shit xD. As luck would have it, there was hash oil inside the bag in a jar, totaling around maybe 5 or 6 grams in a couple slick balls. Of course, I opened the jar, and looked at and touched everything. Meaning my fingerprints were on pretty much everything in the jar.

    So, we get into town, and C goes inside right before the first cop pulls up. I get out of the car immediately, and i used the bag i found to cover a bong (my bong) we had in the backseat. The cop starts to talk to us, and everything is fine, although he said he smelled something burnt. We told him we just finished a couple cigarettes, and he seems satisfied. He told us that he came over due to complaints about break ins in the area.
    This is when the second officer showed up. The 2nd one told me that he would like to search my person. I didn't have anything on me, as it was all in the car, so I said that that would not be an issue for him to search my person. He asked if I had any weapons, and I told him I had a folding knife and a lighter in my pocket. He said thanks, and removed them, and continued to search me. K continued to talk to the first officer. The second officer, after finishing searching me, returned my knife and lighter to my pocket. Now, this is where things got fucked.

    The second cop, after searching me, immediately goes to the car and starts saying things like "oh, i smell weed. theres a lot of weed smell over here. you guys been smoking?"
    A clear no from us, as we hadn't been.

    The second officer proceeds to shine a light into the car and look around.
    Now, I know that there is no way he could've seen the bong in the back as I had it covered with the bag completely. I think he saw a water bottle or something in the back and just assumed it was a bong, because he started screeching "IS THAT A BONG? THAT'S A BONG. THEY'VE GOT A BONG BACK HERE. THERE'S A BONG. IS THIS YOUR BONG? BONG BONG BONG" (Or something to that effect).
    Now, the first cop looks at me and asks the same question.
    At this point, I figure now is the time to shut the fuck up.

    At this time the 2nd officer had opened the door and after a couple seconds finds my bong.
    This is when I was cuffed. This whole time K was talking to the other officer, and I wasn't paying attention to what they were saying.
    I admitted to the bong being mine on scene as I was being cuffed as I didnt want K's mom to be charged with it (K was driving her moms car). My Miranda rights were not read to me at this time, and I was also not told if I was being arrested. The 2nd officer, after cuffing me, took my knife and lighter again.
    I was led into the back of a vehicle and nothing was said to me.
    I believe it was about this time that K was cuffed and stuffed as well.
    Now, the 2nd officer had put his cuffs on WAY too tight, as in tight enough to leave marks that can still be seen on my wrists 3 days later (although very faintly now).
    We were both taken to the station after the officers searched the car. They found the bag that had the hash oil in it.
    After we got to the station, the officer led me inside and sat me down at a sort of lobby area. He continued to search the green bag and had the bong with him in the room. Only at this point were my rights read to me.
    He started questioning me about the bag. I told him that we found it as we were leaving work.
    He asked if I knew how ridiculous that sounded, and I told him that "Yes, i know how it sounds, but its the truth so..."
    At this point I had the "oh shit" feeling that my fingerprints were ALL over (and inside) that thing, and I said that they were out loud, without intending to. The officer heard and then tried to scare me with something about intent to sell and jail time.
    I stuck to my story and continued to deny that the bag was mine even though i did touch the oil container, trying to figure out what was in there. Of course, he pulls out my wallet. Now at the time of detainment, I was asked if I had any ID on my person. I said I did not, but I gave them my name. I did not think that I had my wallet, as i usually leave it in my car.
    Now of course the officer thinks I am straight out lying to him about everything. He asked where I got my shit, and I told him i walk around in the next town over (its a pretty big town) until i find the guy who sells it to me, rather than sell out my friends.
    He asked if I know what the stuff in the jar is. I told him I did not. I continued to deny deny deny.
    However, he asked about the bong, to which I had already admitted. I told him that there was another piece they didn't have, the glass bowl piece, upon his specific asking about it. He asked if i knew where it was, and i told him that i did not.
    At the point of finding my wallet, he asked me in a very offhanded way if i should even be driving. I responded that I always wait until i am not intoxicated to drive. of course, this was probably a very dumb thing to say, as his immediate response was "so you admit to smoking weed." of course, i did not respond.
    After he finished searching the bag, he looked at me intensely and started really drilling the questions and the scare tactics. He told me that I looked very high, and that he could charge me for that as well. I told him that, no sir, i am not under the influence, and that I felt sick from smoking the cigarette. I also said at this time that i did not feel well, and didn't think i should be answering questions.
    The cop stopped asking me things almost immediately at this point. from there he proceeded to book me (photographed and fingerprinted).
    He told me that if i could find whos bag it is, he would drop the second citation for thc, but i was going to get the paraphernalia charge regardless. both are municipal citations (meaning only the city pd can see those citations, i believe) and are each for 250. They are both my first offense, pretty much ever.
    he then led me out the front doors and let me go back to my car.
    However, since I was arrested and booked, my fingerprints have likely been sent to the Criminal Information Bureau, meaning that even though i was only given citations, this will be on my permanent record.
    I consulted a lawyer who told me that i should file for a not-guilty plea to buy time if nothing else. today i did this.
    I am not concerned about losing my financial aid for college due to my not being enrolled and receiving aid at the time of the arrest. ((seriously, look it up. that is the only good thing i have going for me in all of this)
    Https:// ifap. ed. gov/ dpcletters/ attachments/ GEN0605.pdf (spaced out in case i cant post links) look at the second to last entry on the last page. its named "Drug Offenses 484(r)(1)")

    I now wish to know if anyone else can think of something that could help me get rid of these citations permanently and completely. I am aware that I will likely need a lawyer, and have already arranged to get one, if it is needed.
    Any help or advice would be greatly appreciated for my getting charged with this victimless crime.

    *TL;DR* I got arrested in Wisconsin (I am also from Wisconsin) for possession (not mine, but with my fingerprints on it) and paraphernalia. my rights were only read when i was taken to the station. I was given two municipal citations, booked (photographed and fingerprinted), and then released the same night. I know i'll probably need a lawyer.
    looking for help and advice from anyone who is able to give it.

    Also, please do not tell me how stupid i was, or i just shouldnt have gotten caught. I know that. It really was just wrong place, wrong time. I am trying to dig myself out of the situation.
     
  2. holy crap thats a wall. and yes, i do know that i switched tenses a lot. thats what i get for inattentive typing xD
     
  3. Nobody on here can help, contact an attorney.
     
    • Like Like x 3
  4. So after getting arrested and booked they just let you go? With 6 grams of hash oil? You're good bro and don't snitch because they won't drop any charges. Down here you'd be getting several felonies and the car would be impounded.
     
  5. First of all I'm really sorry you had this happen to you.
    We've all made mistakes so don't beat yourself up to bad.

    Just learn from it that is the most important thing. If we don't learn anything from our mistakes then we have let an opportunity go by to not only better our self but to stop us from going through the same pain.

    As others have said you need to go talk to an attorney.

    I'd pound the point home about when your rights were read.
    If that is denied by LE have your attorney request office video.

    Also I'd go carefully through the steps of so called reasonable cause to search.
    I'm not attorney but that smells bad.
    To say they smelled weed but you know for a fact none was there this was nothing but an intimidation fishing tactic.

    The fact it's your first offence should really help.
    I wouldn't worry about a record all that much when states love the tax $$$$$$$ so much from the dispensaries I think those records for that isn't going to matter eventually.
    I've already heard talk about that happening.
    While reading your post I remember what a friend sent me years ago.
    I hope people spend the time to listen ...........
    An law school professor and former criminal defense attorney tells you why you should never agree to
     
  6. Try pulling he didn't tell u your rights so u had no idea what your rights were when u were arrested and had no idea you were arrested. U need a lawyer tho. How did it go?

    Sent from my LGLS991 using Grasscity Forum mobile app
     
  7. If your work is a tight knit group you should be able to figure out whose oil it is. Check the security tape for the day to see who dropped it or carried it in. Check the time clock to see who left right before you. What cars were leaving the parking lot when you left?
     
  8. this story wont work, you will have to pay your dues,,,, lie much?
     
    • Like Like x 1
  9. No. Common misconception that they need to read you your rights right when you're arrested. They do not read you your rights until they are about to question you while in custody. If they don't, the information you provide may not be valid in court.

    By his own account, his Miranda Rights were read to him prior to him being questioned. "Only at this point were my rights read to me. He started questioning me about the bag. I told him that we found it as we were leaving work."
     
  10. yeah those cops believed that shit dude...
     
    • Like Like x 2
  11. What it's not totally normal to put your wallet and things into a bag that you found on the ground that just happened to have 6 grams of hash oil in it?
     
  12. Take a plea bargain if they offer (without snitching), from your story, you are 100% fucked.
     
    • Like Like x 1
  13. #13 cashewmilk, Aug 16, 2016
    Last edited: Aug 16, 2016
    Ask your lawyer about him reading your miranda rights AFTER you were cuffed and arrested. That seems like a basis to withdraw a charge or all of them.
    Also, never talk to cops. They are legally able to lie to you so you'll give out more info for the court. Don't let them search you or do anything to you except give you the ticket. Cops are not your friends. Give him your license/insurance/registration and respectfully answer anything he says with "I do not answer questions without an attorney present and i do not consent to any searches without a warrant."


    I personally just beat a felony possession charge for much heavier weight than that due to an illegal detainment/search of me and my car.


    Sent from my iPhone using Grasscity Forum mobile app
     
  14. Dude, read the thread before you comment. I already addressed that fallacy. They only need to read you your rights before they question you, not when you are placed under arrest. That TV bullshit that not reading you your rights will get you off is just that, TV bullshit. Worst that can happen if they don't is the information you provide them will not be admissible.
     
  15. Mirranda rights do not have too be read in order to be placed under arrest. I was once under the same misconception. Speak with an attorney.
     
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  16. You need to find an attorney who knows the laws inside your state, and stop listening to people on here who say that you can get away from your problem through some Miranda right bullshit.

    walterbishop is right about the Miranda right thing. You are fucked without an attorney; at least they can keep you from screwing up in court.
     
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