How to approach a Possession charge...

SenorSanteria

SenorSanteria

Well-Known Member
Im looking for some advice here. A few of my friends were recently pulled over while smoking, and the two people who had pot were arrested. Neither of them were read their Miranda rights, but they both willingly gave up the pot. The police also found several pipes. Those who were arrested were charged with a misdemeanor possession of marijuana.

Here in lies the question... how should this be plead? They were caught red handed, so theres no question of guilt. My question is... is there any way they could plead no contest to get a lower offense? One of the persons arrested is a student who's major could be in jepardy. Having this on her record is a major issue- shes trying to become a teacher. Is there ANY chance of keeping this off the record?

The state is RHODE ISLAND. Any and all help would be greatly appreciated!!
 
MyNameIsHead

MyNameIsHead

Well-Known Member
well its possible that if they make the fact that they weren't read their miranda rights a big deal then they might even get the charges dropped
but if these charges are found by her school or stay on her permanent record she might have trouble but i dont think she will be ineligible to teach
 
jomal206

jomal206

Well-Known Member
If they weren't read their rights, you could fight a little with that

My advice, get a lawyer. He will be well worth your money...most likely if it's their first offense they'll get slapped on the wrist with fines and community service, they might have to take some classes. And yes there are ways to get your record clean but it all depends on how the plea goes.....

Talk to a lawyer for sure. Your odds of getting off with easier punishments increase greatly with proper representation
 
goatamineHcL

goatamineHcL

Well-Known Member
yeah get tjhe best lawyer you can afford and she should still be able to teach if its just a small amount misdemeanor possesion maybe not like in the next year or so but eventualy and maybe it wont matter at all it seems like everyone needs teachers
 
K

korvette1977

Well-Known Member
Not being read your miranda rights will not get you squwat UNLESS its a felony charge ..
What i would suggest is . if they dont have any priors is to enroll themselves into a drug rehab or some type of program Do this BEFORE YOU GO TO COURT.. and try to complete it . With that done , you go before the judge and say ,,, " Your honor . I realized i had a problem , and i took the steps nesssary to Help myself , i now realize what a jerk and a fool i was for hanging with the wrong crowd and making bad choices ......"" I bet the judge sets you free... If you have been busted before .. Then maybe you should bend over and kiss your ass goodbye ..
 
jomal206

jomal206

Well-Known Member
korvette1977 said:
Not being read your miranda rights will not get you squwat UNLESS its a felony charge ..
What i would suggest is . if they dont have any priors is to enroll themselves into a drug rehab or some type of program Do this BEFORE YOU GO TO COURT.. and try to complete it . With that done , you go before the judge and say ,,, " Your honor . I realized i had a problem , and i took the steps nesssary to Help myself , i now realize what a jerk and a fool i was for hanging with the wrong crowd and making bad choices ......"" I bet the judge sets you free... If you have been busted before .. Then maybe you should bend over and kiss your ass goodbye ..
Click to expand...
Yes the judge will tell you to do this in the first place, and if you've already gotten it taken care of it will look much better on you
 
SenorSanteria

SenorSanteria

Well-Known Member
Lots of good advice here. Thanks a lot guys.

We've already looked at the NORML website (and located an NLC Lawyer in our state). The cops are really trying to get some names out of them. They said "give us a big dealer, and this all goes away." Neither of the people arrested know any big dealers (pounds or more), and even if they did, they wouldnt be droppin names.


What kind of rehab should she go to that would be recognized by the court? Would Narcotics Anonymous be sufficient? Or would she need to enroll in a state sponsored class? etc?
 
jomal206

jomal206

Well-Known Member
SenorSanteria said:
Lots of good advice here. Thanks a lot guys.

We've already looked at the NORML website (and located an NLC Lawyer in our state). The cops are really trying to get some names out of them. They said "give us a big dealer, and this all goes away." Neither of the people arrested know any big dealers (pounds or more), and even if they did, they wouldnt be droppin names.


What kind of rehab should she go to that would be recognized by the court? Would Narcotics Anonymous be sufficient? Or would she need to enroll in a state sponsored class? etc?
Click to expand...
That's something a lawyer would know...something specific to your area and your laws. But yeah you're on the right track with the NA meetings.....
 
BIGMIKE13

BIGMIKE13

Well-Known Member
tell the cops nothing...they cant get them any less.

how much were they caught with ?? if its a MM then do the with hold judification and take what they get...might just be some class and probation...but no record.

:peace:
 
SenorSanteria

SenorSanteria

Well-Known Member
What is judification?

She was caught with less than a bowl pack. Maybe .5g?

The cop saw them smoking in the car, thats how they got caught. Saw them smoking, pulled them over, said he smelled it, searched the car. Took 3 bowls (one of them was $100), and 2 people had pot. One had an 8th, the other had .5g.
 
K

korvette1977

Well-Known Member
SenorSanteria said:
Lots of good advice here. Thanks a lot guys.

We've already looked at the NORML website (and located an NLC Lawyer in our state). The cops are really trying to get some names out of them. They said "give us a big dealer, and this all goes away." Neither of the people arrested know any big dealers (pounds or more), and even if they did, they wouldnt be droppin names.


What kind of rehab should she go to that would be recognized by the court? Would Narcotics Anonymous be sufficient? Or would she need to enroll in a state sponsored class? etc?
Click to expand...

Dont waste your time with NORMAL.. They will not help you , on a small time pinch . just clam up , dont say nothing , if you say anything say it was off some kid on a bike in the park... You never seen him before .. just get the matter at hand taking care of .. You DONT WANT IT ON YOUR RECORD .
 
SenorSanteria

SenorSanteria

Well-Known Member
Just looked up the withholding of judification thing. That seems to be a good plan. I think shes going to enroll in a rehab class, and talk to a lawyer... unfortunately I dont think she can afford to have a real lawyer represent her (hense why Im asking for legal advice on a stoner forum, haha). If she loses the case, she should ask the judge to withhold judification? And this will allow her to pay extra $$, and keep it off her record, right?

This advice is all golden guys, got anything else for me? :)
 
BIGMIKE13

BIGMIKE13

Well-Known Member
SenorSanteria said:
Just looked up the withholding of judification thing. That seems to be a good plan. I think shes going to enroll in a rehab class, and talk to a lawyer... unfortunately I dont think she can afford to have a real lawyer represent her (hense why Im asking for legal advice on a stoner forum, haha). If she loses the case, she should ask the judge to withhold judification? And this will allow her to pay extra $$, and keep it off her record, right?

This advice is all golden guys, got anything else for me? :)
Click to expand...
get a public pretender (defender) at the court house. they will help you for little money (maybe $50). to with hold means to not hold you guilty if you follow what the recommendations are .IT WILL NOT GO DOWN ON YOUR PERSONAL RECORD..what the judge offers, comply with the courts and dont get in trouble while completing your dues and then no charge on the PERSONAL RECORD. it will still show in the courts but not on the outside.

hope this helps.:peace:


p.s....that will be $25 please.
 
Muneeee

Muneeee

Active Member
If caught red handed and the cops didn't ask them any questions the Miranda Rights are not necessary.
 
shamegame

shamegame

Well-Known Member
If they willingly gave up the MJ, there really isn't much that can be done. The good news is, if this is the first offense for those that were arrested, they will get off with probation and fines.
 
LION~of~ZION

LION~of~ZION

Well-Known Member
Its your word versus the Police...trust me the police are going to claim they read them their rights and that they were too high to remember.

The judge is going to look at the facts - Them caught with the marijuana and handing it over...the police doing their job.

Best of luck with attempting this miranda rights 'out'. I'm going to be honest with you the BEST sort of luck is what theyre going to need to pull this one off.

and if they have an ass judge...he's/she's just going to be insulted and make it tougher on them by attempting this. Tread lightly with this idea and think it through.

There are few things a judge hates more then people they consider to be 'pothead lawbreakers' attempting to make the police look incompetent
 
SenorSanteria

SenorSanteria

Well-Known Member
So we talked to a lawyer. It looks like the whole procedure for pulling the car over may not stand in court, as they lacked probable cause.

Also, they made her write and sign a statement at the station. Without reading the miranda rights, this statement should be null and void.

Thats a start. Thanks for all the help guys!!!:joint::mrgreen:
 
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