Arrested

[Florida Girl]

Yea it was a first offense, but still. Do you think it would be worth it to get a lawyer? Think the charges could get dropped? The cop said if i fight it he will criminalize me or something like that? He also said if i go to classes by this time next year the charge will be dropped?

First of all NEVER EVER EVER take legal advice from the cop arresting you

Next, the cop does not determine what you will be prosecuted for when you go to court, the District Attorney's office determines this based on what evidence there is. The arresting officer'(s) can only write up the original arrest form.

If they truly only caught you with a grinder and 2 roach clips... even if there was trace amounts of weed stuck to them.... I bet any lawyer could get the charges dropped completely. I can't imagine the District Attorney wasting it's time fighting when the evidence is resin, a grinder and a couple of roach clips.

Get a lawyer!

 

[llLOU]

Time to join NORML , I would say , and work to put a stop to this Bullshit Government drug laws. Support the Franks/ Paul bill HR 5843. If we don't change it , it won't change.

 

[makinthemagic]

get a lawyer and i hope you didnt tell the cops anything other than name, rank and serial #

 

[In.The.Basement]

Ya cops will always try to get you to talk and say shit they can hold against you in the report, in my case they took something i said and completely changed the words around...if you get arrested don't say a word to them, they won't help you no matter what they say... And to answer your question from before they don't need to read you your rights, but i agree with florida girl, i can't see the DA trying to fuck you over a grinder and roaches, but then again i wouldnt of thought they'd try to fuck me and i got right up the ass

 

[thelastpirate]

While they may not read you "Miranda" at the time they arrest you, they most definately are SUPPOSED to tell you that you are under no obligation to answer any questions without legal representation. Once you tell them you want a lawyer, ANYTHING you might have said would be inadmissable, as they are required to stop questioning you at that point.
A cop will try (and usually succeed) and scare you into talking. The old "I can help you" or "You can make it easier on yourself" routine generally works for them. It's thier job to get you to cooperate in your own demise, by whatever means nescessary. Most folks don't stop to think that once the cop arrests you, it's pretty much out of his hands. The detectives sometimes take over to get more evidence, but usually the States attorney takes over with the evidence they have, relying on the fact that 90% of all people will spill thier guts from fear. They are not going to cut you any slack for cooperation, they WILL scare you with the "You are facing 80 jillion years, and if you make us take this to trial, we're going to give you the max" routine. This has been deemed coersion in alot of jurisdictions.
If you can afford one, get an attorney. Tell him/her that they questioned you after you stated you wanted a lawyer. Tell your lawyer the circumstances surrounding the search. I'd say you'll get off.

Could you imagine the state of affairs the legal system would be in if EVERYONE took thier case to trial instead of plea bargaining? It would come to a grinding halt!!! Our constitution (whats left anyway) prohibits the very type of system we now operate.

 

[mane2008]

While they may not read you "Miranda" at the time they arrest you, they most definately are SUPPOSED to tell you that you are under no obligation to answer any questions without legal representation. Once you tell them you want a lawyer, ANYTHING you might have said would be inadmissable, as they are required to stop questioning you at that point.
A cop will try (and usually succeed) and scare you into talking. The old "I can help you" or "You can make it easier on yourself" routine generally works for them. It's thier job to get you to cooperate in your own demise, by whatever means nescessary. Most folks don't stop to think that once the cop arrests you, it's pretty much out of his hands. The detectives sometimes take over to get more evidence, but usually the States attorney takes over with the evidence they have, relying on the fact that 90% of all people will spill thier guts from fear. They are not going to cut you any slack for cooperation, they WILL scare you with the "You are facing 80 jillion years, and if you make us take this to trial, we're going to give you the max" routine. This has been deemed coersion in alot of jurisdictions.
If you can afford one, get an attorney. Tell him/her that they questioned you after you stated you wanted a lawyer. Tell your lawyer the circumstances surrounding the search. I'd say you'll get off.

Could you imagine the state of affairs the legal system would be in if EVERYONE took thier case to trial instead of plea bargaining? It would come to a grinding halt!!! Our constitution (whats left anyway) prohibits the very type of system we now operate.

listen to ^^^^

 

[mane2008]

a silent mouth is better than one that talks

 

[thelastpirate]

a silent mouth is better than one that talks

True Dat!!!!! No bout a doubt it!!


I'd rather keep quiet and have them think I'm stupid, than to run my mouth and remove all doubt!

 

[mane2008]

I know my lawyers# by heart.

pple get so scared when cop shows up, they just wanna talk and try n get out of it but they dont know they digging a hole for themselves

 

[WoldofWeedcraft]

Do you guys think I can get one of the charges dropped? The police officer never read me my rights, or told me why i was getting arrested. He just put the cuffs on me and said your going with me to the station. Then when hes filling out the paper work he told me why he arrested me but still never said the rights.

You could plea No Lo (which is no plea), and you won't be convicted. If you hire a lawyer that may be the only thing he does for you... just directing you into that type of plea. There's probably not a lot of fighting it, especially with the evidence they collected. It always helps to have clean piss on your trial date too.

I'd rather keep quiet and have them think I'm stupid, than to run my mouth and remove all doubt!

Good ole Mark Twain.

 

[Dan Nabis]

Get a lawyer.

If you don't, you are making a huge mistake and are at a threat of being railroaded big time for a very minor offense. It happened to me over one gram and when I plead guilty the prosecutor recommended I do 30 days in jail. I got lucky and the judge suspended the sentence. I will never ever make that mistake again to save a few bucks.

Get a hold of your nearest chapter of NORML and talk to them about who you should get for a lawyer. You want a very pot friendly lawyer who has experience with this type of crime in your area and also has sympathy for people like us who are being victimized by today's laws.

Don't take this too lightly. You don't want to end up doing any kind of jail time and even a bunch of community service or supervised probabtion sucks hard core. If you don't get a lawyer there is about zero chance you will have the charges thrown out especially if you or your buddies talked to the cops. A lawyer who is able to make it a bit of work and effort by the prosecution to ramrod you may very well get you off easy or completely.

Get a lawyer when facing any criminal charge.

 

["SICC"]

you got a case if they didnt read your rights, did the strap you in the car? and if you get out of ur car with leaving the door open they can search, but i dont get why got got arrested over a grinder and two roaches? haha i guess the cops needed there quota, 187

 

[skippy pb]

If you didn't give them consent to search the car and you werent arrested prior to it i believe that search is illegal so you might have something there.

But hey none of (or very very few of) us are lawyers here. So i suggest you grab a lawyer and tell himto tell you wat to do.

 

["SICC"]

yea thats true but when my homie got a DUI, the cop didnt read him his rights, strap him in the back seat and didnt ask him if he wanted to go to the hospitial and they did a investigation on the him, but hes still waiting on the court date

 

[skippy pb]

I wonder if you could avoid arrests like these by locking your keys in your car with the windows up when the pigs ask you to step out... Obviously make this look like an accident to avoid further aggression. The pig will then be forced to smash his way in or wait on a locksmith to violate your rights instead of just opening the door after you've refused consent. Has anyone tried this?
Also something to keep in mind is that in most states you can be arrested and convicted of dui/dwi for simply failing a urine test, even if completely sober if they know your a smoker.

If you've been pulled over for a traffic violation and the cop suspects your high, but doesn't have the proof or whatnot to arrest you on spot. He'll probably ask you to step out of the car, when you step out you should get out of your vehicle MAKE SURE

THIS IS CRITICAL

make sure you close the door, and if possible lock it as well. The reason behind this is because if the door is left open its considered giving the officer consent to search your vehicle.
And theres nothing that says you cant lock the vehicle up, its your right to not have to consent to random searches, or searches without proof reasoning them.
Remember cops do lie, they are aloud to by law. So its important to know your rights before you deal with the fuzz
because stuff like this can be avoided.

Go to FlexYourRights.com

 

[smppro]

I hope everybody realizes that taking a breathalyzer while drunk is like talking to the cops, you are just giving them the conviction. Never blow in one of those things, they are taking you regardless, and never pee in a cup for them.

 

[thelastpirate]

Dan Nabis is right. GET A LAWYER!!! The best you can afford. It's your only shot of getting ANYTHING dropped or reduced.

If you didn't give them consent to search the car and you werent arrested prior to it i believe that search is illegal so you might have something there.

But hey none of (or very very few of) us are lawyers here. So i suggest you grab a lawyer and tell himto tell you wat to do.

Yep, again, GET A LAWYER. I HIGHLY suggest that anyone growing (ESPECIALLY a for profit grow) drop a G on a lawyer (Keep one on retainer) and lay around $500 on a bondsman. Just knowing that if shit goes to hell, you'll be out in a few hours is a REALLY good thing! You will find out just who you can count on in a time of crisis. NOBODY!!

 

[NewGrowth]

First of all NEVER EVER EVER take legal advice from the cop arresting you

Next, the cop does not determine what you will be prosecuted for when you go to court, the District Attorney's office determines this based on what evidence there is. The arresting officer'(s) can only write up the original arrest form.

If they truly only caught you with a grinder and 2 roach clips... even if there was trace amounts of weed stuck to them.... I bet any lawyer could get the charges dropped completely. I can't imagine the District Attorney wasting it's time fighting when the evidence is resin, a grinder and a couple of roach clips.

Get a lawyer!

Best advice yet, you have a lot on your side too. You NEVER consented to a search, you were never read your miranda rights, these two things are HUGE!!! You need to fight this in court with a good lawyer check out this site Find A Lawyer - NORML
There are even some pro-bono lawyers that love to fight pot laws and if you can't afford one you have the right to a public defender. You can also go all out and request a Jury trial! I have done that and gotten off scott free! Gotta love Jury nullification!

 

[thelastpirate]

Best advice yet, you have a lot on your side too. You NEVER consented to a search, you were never read your miranda rights, these two things are HUGE!!! You need to fight this in court with a good lawyer check out this site Find A Lawyer - NORML
There are even some pro-bono lawyers that love to fight pot laws and if you can't afford one you have the right to a public defender. You can also go all out and request a Jury trial! I have done that and gotten off scott free! Gotta love Jury nullification!

Ever tried to FIND a pro bono attorney? Unless you have a case that would generate alot of free press making headlines, and is 100% winnable, you won't find one.
Attorneys are REQUIRED to do a certain amount of pro bono as a condition of being admitted to the bar. All large firms have a dept that does just pro bono cases. This free work is generally reserved for PD work, and believe me, unless you get a pro bono attorney who is a maverick, the BEST you can expect is a half assed attempt at negotiating a guilty plea. Attorneys who are "shanghaied" into pro bono work by a judge are usually worse than a public pretender.
I had a girlfriend who was really screwed over and lost her kids over some dumb shit that was taken totally out of context. My SON could have argued the case and won. I tried like hell to find her a pro bono attorney but failed miserably.
Now if they were to find a case that would be a "precedent setter" and could change a law, or the way a law is interpreted by the courts, they'd be all on it like ugly on a baboon. Lawyers are a nescessary evil.

 

[SouthernOregonOrganic]

i was arrested in pa with 2 1/2 ounces and the cops only wrote me up for 13 grams... they got two free ounces of sum good shit and smoked it too there face

I was arrested in Oregon and they found hash oil in my car and said they were going to give me a felony possession charge. Its been over a year and iv yet to hear any thing from the courts! Im assuming they took it for them selfs, and they got my favorite dry pipe, which cost me nearly 300 dollars Cops are a necessary evil