Legal Advice

Discussion in 'General' started by smokeboi1245, Apr 14, 2006.

  1. So this is what happened...Im chillin at my friends house we smoked a blunt and a couple of bowls (of dank of course!) so about an hour later my friend gets in the shower, so we can go to the club. So after the shower he puts his shorts on, and we walk outside. (He was shirtless at the time, and we r in an apartment complex. Also he has 2 beers in his hand as we were leaving). So we walk outside to the front of the complex where my car was to leave. And a cop rolls up and he gets out of his car. He asks how old my friend was cause he was holding the beer, he told him his age (19) and took his liscense. The cop and my friend are standing 7-9 feet away from me talking, and then he says "well i smell marijuana smoke on you guys, so im searching you" to both of us. So im like fuck, there is no way i can avoid this becuase he is going to search me wether i like it or not. So he calls another cop to come help, he searches me, finds about 1.5 grams of weed. I am then handcuffed and put in the back of his car, my friend is then arrested for possessing the 2 beers (which were unopened at the time). We were never read our rights at anytime during this arrest. I live in Florida so i thought i was going to jail for sure lol. So it was about a good 2 hours before they got the paperwork filled out. My friend got minor possession of alcohol and has a 312 dollar fine, and i got possession of a controlled substance. So now i have to pay 420 dollars to the court, (kinda ironic lol) or plea not guilty. Im def gonna plea not guilty, no way in hell can i be searched for just walking down a street. So 2 hours of 3 cops time for 1.5 grams of weed and 2 beers, how fucked up is that. The cop wanted to search my car to, he had a dog. But they both knew that it was pointless because the one cop was like "i gotta get u guys outaa here soon, i got better things to do". Its so dumb that an 18 and 19 year old cant walk down the street without getting harassed by police. Does anyone have any advice for me when i fight it in court?
     
  2. First off, I would definately not plead not guilty due to the fact that you will be paying more money in legal fees for hiring an attorney etc then the fine itself. Second, he did have a right to search you guys for probably cause (two beers in your friend's hand). That is reason enough to search both of you. Even if he did have no probable cause he is still allowed to have his dog smell you guys and you would have been caught anyways. If you plead not guilty, the cop will be in the court room claiming his side of the story, and trust me, no matter how intelligent your attorney is, the judge will always believe the cop over you. Trust me, just plead guilty and pay the fine. Also, if you don't have much money and this isnt an option, they have another alternative of enrolling in a 3 month drug rehab class where you get tested about once a week. If you graduate from the class, your fines will be dropped. I chose that option both times I was caught for possession. Good luck, and if you have any other questions pm me and i'll be glad to help considering i've been in court quite a bit for MJ.
     
  3. Yup, I'm with motoxridah, Don't plead not guilty. There is too much evindence against you. Also, the beers is enough to search you guys, and cops don't need to mirandize you when arresting you, only if they ask you questions. Go with the rehab class
     
  4. Well, it depends on which state you live in first. California has some lenient laws. Although, when I was busted in 95 and did the drug diversion thing, I was told that they were getting rid of the diversion program... isn't that the drug rehab thing Motoxridah's talking about? Or is that what they switched to?

    So, my main question to Motoxridah would be, what makes it probable cause for searching him if it was his friend is carrying the two beers? I could understand it if they were already in the car. And in order to arrest you, it's been common knowledge that they have to read you your rights as they're arresting you. Doesn't matter if they have no intention of questioning you. That'd be my main defense tactic. But I haven't had to deal with the law in the last 10 years, so things may have changed... but I don't see how.
     
  5. They don't have to mirandize you before arresting you, they can arrest you and take you all the way to the station. As long as they don't question you they are fine. Also, it is a common misconception that the case will be thrown out if the officer fails to mirandize a questioned detainee. The case wouldn't be thrown out, just whatever the officer asked the detainee cannot be offered as evidence in court. I am a law student, I know all about this kinda stuff
     
  6. just for smelling marijuanna smoke he can search you... its probable cause and unless the cop was a rookie and had never smelled it before then he is gonna win the arguement.

    being read your rights means nothing. they dont really have to read em just a myth.

    and just for the record... why would anybody walk out of their house with 2 beers in their hands... thats not even enough to get you drunk. if he would have left the beers inside then you would have just walked and the cop wouldnt have stopped.
     
  7. No shit, I'm a law student too, and what you said just about sums it up
     
  8. why the fuck didn't you book it as soon as the cop stopped?
     
  9. Haha, $420, that's is pretty ironic :p
     
  10. aight thanks, i mean all i have to do is go to the court and pay the fine thats it. No probation or anything. I mean, im sure he didnt smell marijuana on me tho, cause i wasnt even standing next to him while my friend was talking to him. Plus how could the cop smell anything if my friend just got out of the shower. But that was his excuse to search us, wether i like it or not. He could of been bull shitting...we will never know. I had no idea my friend had the beer anyway, which sucks. I looked up and expected the cop to keep going u know, and he stopped thats when i knew i was going to be arrested lol. And about the running thing, i was soooooo thinking about it...seriously lol. But unfortunelty i was wearing sandles cause i lost my shoes so i def wouldnt have not gotten away.But if I had shoes...i would of booked it mad amounts. I could of easily out ran the first cop, and the other ones were fat lol. And im not the slowest person in the world either lol. And also, i had no idea wat i would of ran into while running, i live in a city so it would of been difficult lol. Thanks for the advice, ill just pay the damn fine lol
     

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