Arrested on possession of mj advice

Discussion in 'Marijuana Legalization' started by Nobody0420, Dec 1, 2015.

  1. So about a month a go here in a florida while in route home from a stop my friend gets us pulled over for failure to use turn signal. Cop comes directly up to my window I had to roll down and of course he smelled it right away. Fast forward a month initial appearance.

    Driver charged poss mj misdemeanor less than twenty and poss glass bowl.
    Both us have priors mine are 8 years old. Friend has priors same charge one year ago.
    Friend offered 6 months probation for both charges adjudicated withheld.
    State offers me 12 months probation on just a possession charge.
    Now does this make any fucking sense to anybody?

    Really I'm thinking of defending myself. Anybody have any such experience in self defense ? Mostly planning this due to lack of funds, my hip injury has left me out of work for 6 months now.
    If this thread is not okay or anything delete as necessary!
    Thanks P
     
  2. Highly recommend you hire a lawyer...borrow the money if you must, don't use a PD or try to defend yourself...


    There's an old saying, "A person who trys to defend himself in court has a fool for a client"
     
  3. Ask for a lawyer

    A lawyer can possible work a plea bargain and reduce the charges without going in front of a judge
     
  4. Better yet tell your friend to say the weed was his so only one of you have to do time
     
  5. Who actually owned the weed and bowl?
     
  6. you know when a car full of people get pulled over for minor weed holding
    All of you get charged or only one can fess up and say its mine and than only the one goes.
     
  7. Most good lawyers will at least give you an initial consultation for no fee at all....then depending on the advice they give you ...you can choose to fight this or not. You will not lose anything to get their initial advice


    My 2 cents is lawyers are worth every penny !!!


    Good Luck !!!
     
  8. No. Be greatful you did not get thrown into an industrialized for profit prison. In Florida, you may not have a chance in hell of defending yourself because of the closed minded idiots in the courts of Florida. I wish you the best.


     
  9. It is never wise to represent yourself on anything that carries jail time as a consequence...this isn't a traffic ticket where the worst case scenario is a few hundred bucks on a fine and a few points on your license. I would not even begin to contemplate representing myself beyond the initial appearance and I DO know my way around the criminal justice system...admittedly, I wouldn't have the fees most are looking at since I get the equivalent of the 'phone a friend' favor bank but the point remains that, as noted earlier in the thread, good things rarely come from self-representation.


    Aside from the fact that most appellate courts have held that it is permissible for a Court to hold a lay person to the same standard as licensed counsel, few lay people can properly discuss the Rules of Evidence or even the most basic of Criminal Procedure elements. Are you prepared to do your own Motion in Limine? Do you know what is and is not permissible in your request for Brady materials? Do you know how to challenge 404(b) materials (extraneous offenses/prior bad acts)? Do you know what you are looking for if the case does go to a jury and you are having to do your own voir dire? Can you properly articulate your objections? Hell, even more simple...have you even SEEN the lab report? If not, then why are you even DISCUSSING plea offers?


    Criminal defense, even in States that are not the most friendly of places to be, is not something to be taken lightly...there is a reason good attorneys get the fees charged. My work is in the post-conviction realm but we see the results of shitty counsel. But even THOSE results were often better than the defendant would have gotten had they gone it alone...

     
  10. #10 Nobody0420, Dec 7, 2015
    Last edited by a moderator: Dec 7, 2015

    Thanks for the useful response instead of a opinions above. Obviously most of which had nothing to do with the actual question. I have sought a public pretender in the interim while upping funds for private council mainly after lmao at their offer. I will end up with nothing more than a fine and some bs. Dade and broward county area have decriminalized simple possession, that is going to work to my benefit.
     
  11. Uhh you don't really have a chance of defending yourself in any state for anything other than a traffic ticket.


    OP do you realize 6-12 months probation is like standard? Don't know if you know this because your acting like you got some ungodly punishment


     
  12. Well considering the guy and girl in front of me were offered half of what I was or reduced to paraphanelia instead of poss that's bs. They both has Pipes and less than 20 possession and offered half the paper I was. Ya that's bullshit
     
  13. #13 Nobody0420, Dec 7, 2015
    Last edited by a moderator: Dec 7, 2015
    I had possession less than twenty and no trouble for eight years. The guy had a poss charge last year and got 6 months probation for the pipe and dabs which should have been a felony per Fl statue. So ya I think double the po time for half one charge and not two is unacceptable.

    Another friend same poss charge two months ago, let off with only a fine.

    Sorry if I came off as an ass its just so wide of sentencing charges for similar or worse charges it has me heated.
    There's another possibility that evidence was tampered and once I can get results and the discovery I can prove it.
    <be />
    Y'all are correct I can't self represent but private council and I guarantee I'll get nothing but bs and adjudication withheld no paper. Will keep y'all updated! Worst case delay case one year and wait for the amendment 2 vote.
     
  14. A change in law is rarely retroactive. It could be made legal today but it does not undo the fact that it was illegal on the day you were charged. Ask everyone in custody in a legal State who committed their offense prior to legalization if I am off-base there...


     
  15. For less than $20 worth of weed? It IS ungodly punishment!!
     
  16. Were talking relative punishment here. You can go to jail for up to a year for marijuana possession in Florida so..


     
  17. Good god. If you get caught with a gram of shwag you do a year in FLA? Thank God i live in Calif.
     
  18. #18 Nobody0420, Jan 24, 2016
    Last edited by a moderator: Jan 24, 2016
    I just wanted to stop back in and thank everyone for there responses, as useless as most of them are, thanks anyways! I didn't play games with those fuckers and I won't take paper, as standard as some might believe, that is half the problem too many scared mfers wont stand up for themselves.



    Against basically all of your recommendations I went ahead and represented myself. I beat the charge and got it reduced. I also saved myself 1500 $ ++++. I owe a couple hundred in court costs and some community service.


    If anybody else is facing a similar charge and would like to know what I did feel free to pm me I'll be glad to tell ya exactly what I did how I went about it and hopefully HELP somebody unlike the above.






     
  19. Bernie Sanders wants to put a stop to this bullshit.
     
  20. yeah its all just a matter of time, we got it next year here. As long as we dont get shafted on the personal growth. But my medical conditions already move me right to the front of the line so Ill be golden!
    But I could def see where some dumbass could have fucked up their case. I'm pretty well educated all around so that certainly worked to my benefit. And against most recommendations I didn't go in there looking fancy or even like I remotely have money I didn't even dress up this time. I had on a collared shirt and jeans. It seems that if you appear to have money then the prosecuting state attorney is going to try to get more fines or court costs out of you. It worked to my advantage, and I told them straight up save that probation for somebody else I'm not taking it and if you want we can take this bad boy to trial. She was real reluctant to drag it out for a year and accepted exactly what I said I wanted and I got it. Don't be their bitch make them YOUR BITCH and you'll come out on top!


     
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