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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 53
Registered: 02-2004
Posted on Thursday, April 15, 2004 - 12:29 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

So I was driving my friend to get our other friend a birthday present last nite and upon making a right turn from a stop my backend of my truck slid about a foot or two but I maintained and kept going. I was used to this in the rain cause it happened frequently but i never paid attention to it. Well the slide caught the eye of one of Marylands finest and he pulled me over. My friend was freaking out but i told her just to stay cool. Well as i pulled over i remembered about the quarter ounce of weed in the glovebox so i put it in the center console, i knew i was gonna have to get in the glovebox for regristration. So then the cop comes up and i give him my license and registration. Well the cop detected a smell of marijuana on the registration. Yea FUCKED!!!! about the only word that came to mind at the time. He then said he was going to have to perform a search and is there any drugs in the car he should know about so i gave them to him and my beautiful pipe i had for years and pretty much grabbed my balls and waited for the worst. Then he says son step out of the vehicle your under arrest. He then put cuffs on me and sat me in the front seat of his car. He didnt read me rights ever either, arent they supposed to do that when being arrested. I took all the blame for the pot and my friend didnt get anything. Yeah then we went down to the station and had prints done and they called my mom to pick me up so i wouldnt spend a night in jail and all that stuff. Overall i was charged with possesion of marijuana, possesion of paraphanalia and negligent driving.

(imok -deleted material- please, no details like this on this site)

You know to think that this whole problem coulda been resolved if i had left my house like 3 minutes earlier or later and the cop may not have been where he was at that time and i coulda had a regular perfect night and no charges or high fines or pissed off parents or anything, I think god hates me lol

Has anyone else had anything like this happen to them or has anyone else faced these charges and could tell me anything about what i should expect in the next couple days/weeks?

(imok- the reason you got busted is the same that caused you
to break our rules here, only those that are of age in
their communities can be members here and you gave that
up in a public forum. Do that again and your membership
will be revoked to protect the other members )

(Message edited by imok on April 15, 2004)
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Pskovinsky (Pskov)
Senior Member
Username: Pskov

Post Number: 1085
Registered: 09-2003
Posted on Thursday, April 15, 2004 - 12:42 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

no rights reading means no charges, call a lawyer, you'll get out of it easy, you have a witness to the lack of rights being read to you.
--Pskov(insky)
"There are two types of people in the world, those with loaded guns, and those who dig, you dig"

(no, it's not my car, wish it was)
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 54
Registered: 02-2004
Posted on Thursday, April 15, 2004 - 12:51 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

holy shit are you serious? couldnt the cops word against mine be enough, After he put my cuffs on me in front of my friend he took me to his car, couldnt he just say the reason my friend didnt hear him read me my rights is because he read them to me in the car. Again im not lying about him not reading my rights and i would like to pursue this.
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Roo (Tehutiroo)
Member
Username: Tehutiroo

Post Number: 22
Registered: 04-2004
Posted on Thursday, April 15, 2004 - 01:37 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

no rights reading means no charges, call a lawyer, you'll get out of it easy, you have a witness to the lack of rights being read to you.


Things have changed. There where a few "landmark" cases regarding this recently. The way one of the ruling read was very spooky. It leaves the door open for other things like this to be legal. Get a lawyer! I hope you are not a minor...
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Roo (Tehutiroo)
Member
Username: Tehutiroo

Post Number: 23
Registered: 04-2004
Posted on Thursday, April 15, 2004 - 01:41 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Good save IMOK....
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 55
Registered: 02-2004
Posted on Thursday, April 15, 2004 - 01:48 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

ok i just called a couple people and my friends dad who works at a prison said that if my rights werent read to me then the charges will be dropped. My friends dad also asked if i signed anything and of course i did but all the stuff that was signed was all based on my information and my finger print verifications so Im not sure if i signed a meranda rights paper. I think i would remember that.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 281
Registered: 01-2004
Posted on Thursday, April 15, 2004 - 02:00 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

OK first off. If you are a minor like you said, you don't have rights to be read. lol
There is no law that says minors being arrested have to be read their rights.
So your charges won't get dropped sorry
Those laws are for us adults
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17078
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 03:11 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

He then said he was going to have to perform a search and is there any drugs in the car he should know about so i gave them to him and my beautiful pipe i had for years and pretty much grabbed my balls and waited for the worst.



you are screwed.
you should have refused the search,
then stand silently aside.
you gave him the weed
and in effect confessed.
get a lawyer.
as to reading rights,
that is only required in some felony arrests.
not for misdemeanors like possesion of small amounts of pot
so i doubt that defense would help.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 289
Registered: 01-2004
Posted on Thursday, April 15, 2004 - 03:26 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Miranda rights are required by law to be read to criminal suspects any time police want to ask you more than your name and address.

Hip is right you talked and gave it to him, and even before he put you under arrest in the first place.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Suckerfree (Suckerfree)
Senior Member
Username: Suckerfree

Post Number: 692
Registered: 12-2003
Posted on Thursday, April 15, 2004 - 03:44 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

Miranda rights are required by law to be read to criminal suspects any time police want to ask you more than your name and address.





They can freely ask you anything, and if you tell them they can use it.
It's best just to remain quiet as much as you can.
They don't have to read you rights to slap handcuffs on you either, handcuffs are just a restraint for safety and not neccessarily under arrest.

(Message edited by suckerfree on April 15, 2004)
"Tell me and I'll forget. Show me and I'll remember. Involve me and I'll understand."
- Confucius
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Suckerfree (Suckerfree)
Senior Member
Username: Suckerfree

Post Number: 693
Registered: 12-2003
Posted on Thursday, April 15, 2004 - 03:46 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

if i had left my house like 3 minutes earlier or later and the cop may not have been where he was at that time and i coulda had a regular perfect night and no charges or high fines or pissed off parents or anything, I think god hates me lol




but then again... maybe that cop pulling you over delayed you by 10 minutes and prevented you from running head on with another car saving your life and your friends....

you are blessed.
"Tell me and I'll forget. Show me and I'll remember. Involve me and I'll understand."
- Confucius
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17086
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 03:47 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:


Miranda rights are required by law to be read to criminal suspects any time police want to ask you more than your name and address.



simply not true.
i've been in plenty of trouble with the law
and my brother is a legal defense attorney
so i flat out know better.
the miranda warning is only required in certain FELONY arrests, this is likely a MISDEMEANOR
which does NOT require mirandizing the suspect.
plz do not spread inaccurate information.


(Message edited by admin on April 15, 2004)
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 291
Registered: 01-2004
Posted on Thursday, April 15, 2004 - 04:08 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

The Fifth Amendment to the United States Constitution states that no person shall be compelled in any criminal case to be a witness against himself.

Based on this right, the Supreme Court has determined that criminal suspects cannot be subject to custodial interrogations without first being informed of their constitutional rights to remain silent and to have defense counsel.

When a suspect is taken into custody, the Miranda warnings must be given before any interrogation takes place.

That is simply true.
You being in trouble alot is too bad. But this is the way it is, it doesn't mean the way it is done, or has been done to you every time. If you know better feel free to post a link and show me that is not the law.

Here are 5 that state it is
http://www.legal-database.com/miranda-rights.htm
http://www.criminaldefenselawyer.com/mirandaRights .cfm
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=53557619 4
http://www.lawstreet.com/LawGuide/PA/Philadelphia/ CivilRights/FECRISS.asp
http://usgovinfo.about.com/cs/mirandarights/
And i googled over 100,000 and the 10 i have read tonight all state i am right.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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grimble g grumble (Grimblegrumble)
Senior Member
Username: Grimblegrumble

Post Number: 342
Registered: 12-2003
Posted on Thursday, April 15, 2004 - 07:00 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Whether or not the pig actually read the rights is irrelevant. All the cop has to do is say that he did. No jury is going to take the word of a couple of "potheads" over a damn cops!

Your screwed, but not seriously unless you planned on being a doctor or a pharmacist or something. Take this as a lesson, the glove box is a really stupid place to stash your weed. Hope MD isn't too hard on misdemeanor possession. Remember it could always be worse...
So it goes...
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17092
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 01:48 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

you are still wrong.
getting arrested for a misdemeanor
is not a 'custodial interrogation'
and so unless they want to 'question' you
after taking you into custody
then mirandizing is not required.
go ask a freakin' lawyer and stop wasting our time and space here giving out bogus legal counsel
when i know what i know
it's not open to argument.
you can talk until you are blue in the face
but it won't change the fact.
you are misapplying the rule
as in this case
the subject was not taken into custody for questioning, plain and simple
so there was no requirement to read him his rights.
which i'm quite certain those police officers knew full well, being trained in proper law enforcement procedures, unlike you.


(Message edited by admin on April 15, 2004)
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I_am_me (I_am_me)
Senior Member
Username: I_am_me

Post Number: 1498
Registered: 10-2003
Posted on Thursday, April 15, 2004 - 04:10 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Every law site I've read and every experience I've had says that miranda rights must be read if you are under arrest and the police intend on asking you more than your name and address. It does not have to do with misdemeanor or felony, I believe the times when they don't have to read you your rights are determined on a case by case basis. Its not as simple as felony yes, misdemeanor no. In the last several years rulings were made making it okay for the rights not to be read if the officer had a particular reason, this was done to keep so many cases from being thrown out on technicalities. They should read them all the time but its been changed so if they don't the case still will not get thrown out, its was a way to close a loophole. In this guys case miranda rights do not apply because before he was even arrested he volunteered information. Minors also have the right to get their miranda rights read fyi.
Life can only be as good as you imagine.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17112
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 04:41 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

lol
well, like i said-
ask a lawyer or a judge.
every day in the US
thousands of misdemeanor arrests/citations are issued and no one gets their rights read to them.
that's a fact.
they did not read this guy his rights,
another fact.
he still got arrested,
and i guaranty it will stick.
i have had both misdemeanor and felony arrests
so i know 1st hand when i had my rights read
and when i did not.
so i think i'll just stick to my guns on this
despite what you read.


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dead diver (Dead_diver)
Senior Member
Username: Dead_diver

Post Number: 170
Registered: 11-2003
Posted on Thursday, April 15, 2004 - 04:48 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

My understanding is that Hippie is right about the Miranda reading. The rules on its use were recently changed. Now, as for not getting busted in the first place my advice is to keep your stash down under your nutsack and don't carry pipes. They look cool and everyone wants to use their favorite pipe, but just try to eat one to dispose of it..good luck! I only carry joints if I'm going out, I can eat a couple joints if I have too but not a pipe.

The only laws I respect are the ones which make old men and women warmer in the winter, children happier in the summer, and beer stronger. B Behan
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omni (Omnibot)
Senior Member
Username: Omnibot

Post Number: 215
Registered: 07-2003
Posted on Thursday, April 15, 2004 - 06:42 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Just hope the cop doesn't keep you pulled over so long the bud kicks in.

eating five to ten joints can seriously fuck you up.

(Message edited by omnibot on April 15, 2004)
The first principle is that you must not fool yourself - and you are the easiest person to fool.
- Richard Feynman
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 56
Registered: 02-2004
Posted on Thursday, April 15, 2004 - 07:14 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Well i have an appointment with a lawyer april 28 so ill let you know how things go and keep you posted. thanks for all the info mycotopians. Oh and I just found out I was on probation while this happened. sounds like im in for a ride.

(Message edited by northernlit024 on April 15, 2004)
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17130
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 07:56 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

not good.
of course what kind of probation matters.
watch a few episodes of Cops,
it's a real education.
and note how few get read their rights.
understand that there's a difference
between the law in theory and in practice.

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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 57
Registered: 02-2004
Posted on Thursday, April 15, 2004 - 08:14 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

lol I watch cops like all the time.I always thought wow its gotta suck to be that guy and now here i am. I never really paid attention to there rights being read to them but i remember some did. My probation wasnt like i had a p/o or anything. It was just probation that didnt affect me unless i got in trouble again. The only thing i worry about now is possibly going to a correctional facility and the money im gonna have to pay for everything. I hope I just get some community service or drug rehab or something but I guess we'll see.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17132
Registered: 02-2001
Posted on Thursday, April 15, 2004 - 08:33 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

My probation wasnt like i had a p/o or anything. It was just probation that didnt affect me unless i got in trouble again



if it's not for this same type of offense
then you may be ok.
some probations are like that,
say if you get busted for assault,
they give a yr. probation
and as long as you don't catch another assault
you're ok.
but check with your lawyer,
which they should provide you with.
most states do,
if the charge carries a possible jail sentence.
however if its' just a fine
they won't give you a lawyer.
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Deadly Ripped (Deadly_ripped)
Senior Member
Username: Deadly_ripped

Post Number: 296
Registered: 11-2002
Posted on Friday, April 16, 2004 - 12:27 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I'd say: take your lumps and get on with life.

One thing I've gained in the past few years is the sense of responsibility for my own actions. I don't get mad when I get pulled over, and I don't blame the cops for arresting people like me for things like this. It's the officer's job to stop me from doing illegal things, so if I'm sittin on a fat sack and get arrested, it's my own damn fault for either a) not being more careful, or b) having a sack in the first place. There is no sense in blaming the cop for doing his job, and no sense in blaming God for your own actions.

Things that were in your control:
1. Your speed, beacuse you said that you've skidded while going a reasonable speed before, so you might've wanted to slow down a little more with illegal things in your car.
2. You had illegal things in your car.
3. You gave the cop everything.
Three people can keep a secret if two are dead...
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 58
Registered: 02-2004
Posted on Friday, April 16, 2004 - 12:54 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I accept full responsibility for my actions and i wasnt blaming the cop for arresting me(i mean what else is he gonna do with a person with pot)and i was joking about the blaming god.
what if i didnt give the cop the pot, wouldnt he just get a warrant and some dogs and then have my car ripped apart and searched? Also the cop said that since i gave him everything my car wouldnt be towed or impounded, which is a very good thing for me since i need the car to get to work everyday.
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Kyle Chapman (Tico481)
Junior Member
Username: Tico481

Post Number: 17
Registered: 03-2004
Posted on Friday, April 16, 2004 - 04:05 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Yeah, they don't have to read you your rights on certain cases. I was arrested last year for DUI and I only blew a .016 which is the equivilant of like 3 gulps of beer. Ain't that some bullshit. They also gave me possesion for what was on my breathe so that cop screwed me over pretty bad. I hired a lawyer and they said nothing really could be done about the cop not reading my rights sinces the dui was minor or something and even if I could fight it, its the cops word against mine so I wouldnt have a chance. I wish you good luck on your case.
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banjojo (Banjojo)
Senior Member
Username: Banjojo

Post Number: 821
Registered: 10-2003
Posted on Friday, April 16, 2004 - 05:14 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

"Also the cop said that since i gave him everything my car wouldnt be towed or impounded, which is a very good thing for me since i need the car to get to work everyday"

I'd rather walk to work everday than get arrested. Your freedom is more important than your possessions.
there's a fungus among us!
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 296
Registered: 01-2004
Posted on Friday, April 16, 2004 - 11:29 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

you are still wrong.
getting arrested for a misdemeanor
is not a 'custodial interrogation'
and so unless they want to 'question' you
after taking you into custody
then mirandizing is not required.




Hip i think u skipped past where i said "Miranda rights are required by law to be read to criminal suspects any time police want to ask you more than your name and address"

It doesn't matter the crime, class A felony or class E misdemeanor. Once they arrest you, any questions asked falls under 'custodial interrogation'. Which the reading of rights is required lol. Think what you want i did ask a lawyer a long ago and all those sites i posted lawyers answer and explain it to ya.

As far as

quote:

you are misapplying the rule
as in this case
the subject was not taken into custody for questioning, plain and simple
so there was no requirement to read him his rights.
which i'm quite certain those police officers knew full well, being trained in proper law enforcement procedures, unlike you.




I guess you missed where i said "There is no law that says minors being arrested have to be read their rights.
So your charges won't get dropped sorry "
and
"Hip is right you talked and gave it to him, and even before he put you under arrest in the first place."
2 posts later so "unlike me" doesn't apply seeing i already said it didn't apply he wasn't taken into custody.
Glad you asume to know what training i have or have not had.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 297
Registered: 01-2004
Posted on Friday, April 16, 2004 - 11:33 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

well, like i said-
ask a lawyer or a judge.
every day in the US
thousands of misdemeanor arrests/citations are issued and no one gets their rights read to them.




"But this is the way it is, it doesn't mean the way it is done"
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 298
Registered: 01-2004
Posted on Friday, April 16, 2004 - 11:50 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

The only time miranda is not required during questioning is for minors. Remember they are not criminals, as they are ajudicated.

Dead, you are a little off, the President tried to change the rules, but just last year the congress cut him down and uphead the miranda warning.

This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17145
Registered: 02-2001
Posted on Friday, April 16, 2004 - 01:13 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

well,
i guess i could listen to you, bubblegum,
but i think instead i'll listen to the voice of experience


quote:

i hired a lawyer and they said nothing really could be done about the cop not reading my rights sinces the dui was minor...



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Shroomzhilla (Shroomzhilla)
Senior Member
Username: Shroomzhilla

Post Number: 504
Registered: 01-2003
Posted on Friday, April 16, 2004 - 01:25 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

everyone knows-or should- that you have the right to remain silent. And thats almost always the best idea.
everyone should understand that cops will always try something to get you to just hand over the evidence they need to get you.
if nothing else, I'd have told him to get a search warrant or whatever and made him do the work his lazy ass gets paid to do. Each step in the actions they take there is the chance that they will make a mistake you CAN use in your defence
having a lead foot is never a good idea as long as even a seed is in your possession but it happens.
I dont know much about the technicalities of the law but I do know this- cops do whatever the hell they feel like in MOST cases. they know what they can get away with and what they MIGHT get away with. power corrupts, and absolute power corrupts absolutely.
good luck in you case banjo.
I dig chicks that drag their knuckles
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17149
Registered: 02-2001
Posted on Friday, April 16, 2004 - 01:30 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

made him do the work his lazy ass gets paid to do.



bingo.

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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17150
Registered: 02-2001
Posted on Friday, April 16, 2004 - 01:34 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

The only time miranda is not required during questioning is for minors.



they aren't even supposed to question minors without parental consent.
but they do.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 302
Registered: 01-2004
Posted on Friday, April 16, 2004 - 03:02 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Doesn't really matter if you listen to me or not whn you don't understand what im saying.
Also you missed the key words of kyles sentence, OR SOMETHING, i don't see why his rights needed to be read for a dui, no investigation was needed, he failed a breathalizer*.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17159
Registered: 02-2001
Posted on Friday, April 16, 2004 - 06:46 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i understand you perfectly well,
i just don't believe you.
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 59
Registered: 02-2004
Posted on Friday, April 16, 2004 - 07:45 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

shit i didnt even see that deleted part of my story till now. thanks IMOK, it wont happen again
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dead diver (Dead_diver)
Senior Member
Username: Dead_diver

Post Number: 177
Registered: 11-2003
Posted on Friday, April 16, 2004 - 08:49 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

A good friend of mine made the mistake of hiding his bag under his car seat and we got pulled over in a notorious apartment complex late at night by the cops. Everyone was smoking in the car 15min before we got stopped. The cop smelled weed and asked if he could search the car. The four of us were outside the car by now and my friend didn't want them to search the car so the cop said he would call a dog if he had to to confirm probable cause. Nothing pisses off a cop or a judge more than having to make them work hard. My friend even asked us what he should do. I said if the weed isn't in the car you don't have a problem. Of course my doofus friend had the weed in the car. He was busted no matter what he did, no win situation. If the weed was on his person he didn't want a dog there cause the dog would smell it on him. If he said no to the search they would get a dog and find the weed no matter where he hid it. If he said yes to the search he had half a prayer they wouldn't find it in the car without a dog and he would walk. He said yes to the search and the cop found the sack in less than 10 seconds, record fucking time.If the bag was down his pants the cop would have searched the car, found nothing and it's doubtful that he would get a dog at that point and my friend would have walked. Stash your shit so they have to do a strip search to find it. Just tucking it in your waistband doesn't work cause I have had cops search me by putting their thumb in my waistband and damn near pushed my pants down trying to find my weed. Since it was under my nutsack he would have had to get very intimate with me to find it. Stash your shit right kiddies. And ladies, don't put it in your bra because they will get a female cop to do a field search there in a heartbeat. Put it under your taint people!

The only laws I respect are the ones which make old men and women warmer in the winter, children happier in the summer, and beer stronger. B Behan
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I_am_me (I_am_me)
Senior Member
Username: I_am_me

Post Number: 1522
Registered: 10-2003
Posted on Friday, April 16, 2004 - 09:11 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Trunk or not on the driver.

I was pulled out of a car once for pot smell. I consented to a search....they found a stem the size of a pinhead in a film canister, only more probably cause really. They only searched me, the driver. They couldn't search the other people unless I fingered them. I was told if I didn't point out my friend who had the weed I would be taken to jail. They read me my rights and put my in the cop car to think things over. They came back and I looked at them and told them "Hey you might think I had some pot but I don't. Neither does any of my friends and if you expect me to lie to you and tell you they have something you should just take me on to jail because I'm done talking". They let me go after holding us up about an hour or two, one of my friends had an eighth in his show. Mouth shut and keep your shit in the trunk and not on the driver.
Life can only be as good as you imagine.
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 62
Registered: 02-2004
Posted on Friday, April 16, 2004 - 09:38 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Yeah I noticed how easy it was to hide a stash from a cop after the bad had already happened. I think since i let him search he didnt call for dogs or any kind of special search tactics. I couldve easily put that shit in a hole in my seat and him not have found it. He basically looked in all the compartments and obvious places for someone to stash weed(under seat, in door, etc.) A smart thing to do if you drive and smoke pot alot is to carry some kind of air freshener, visine and have a hell of a good hiding spot and you should be fine. After my incident I plan on making a few modifications to the inside of my car now. You never wish you wouldve taken all these precautions till its too late.
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I_am_me (I_am_me)
Senior Member
Username: I_am_me

Post Number: 1526
Registered: 10-2003
Posted on Friday, April 16, 2004 - 09:44 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I quit smoking pot in the car. Just about 90% of the busts I read about are from smoking and or transporting weed in a car. Pull over, find a spot and smoke or something. Driving around to get high is just a little to risky in this day, everyone gets pulled over sometime.
Life can only be as good as you imagine.
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dead diver (Dead_diver)
Senior Member
Username: Dead_diver

Post Number: 178
Registered: 11-2003
Posted on Friday, April 16, 2004 - 10:23 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I'm with I Am Me. The only time I ever smoke in the car now is when I'm going over a super long bridge, like 4 or 5 miles long. Then I only have one doobie with me so that even if I won the bad luck lottery and got pulled over on a major bridge(which I have never seen happen ever) I could get rid of it.

The only laws I respect are the ones which make old men and women warmer in the winter, children happier in the summer, and beer stronger. B Behan
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 307
Registered: 01-2004
Posted on Friday, April 16, 2004 - 11:33 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

The only time I ever smoke in the car now is when I'm going over a super long bridge, like 4 or 5 miles long.



If thats the bridge/tunnel im thinking of i smoke every time i go over it unless i might be tested.
But maybe it's not this one is longer than that i think.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Hippie3 (Admin)
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Username: Admin

Post Number: 17178
Registered: 02-2001
Posted on Saturday, April 17, 2004 - 01:06 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

much of the time
the threat of the dog is just a bluff.
unless you SEE a dog there,
and they're just TALKING about
calling in a dog,
then make them get one,
if they want to search.
odds are there won't be one available.
at least,
your odds are better
than just giving consent.
there aren't alot of good drug dogs out there,
they cannot work long hours on end,
and they can't be everywhere at once.

all drugs should be locked in the trunk, imo.
even better, in a lock-box in the trunk.
no search will get in the trunk
unless you give consent
or they get their probable cause/search warrant.

(Message edited by admin on April 21, 2004)
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Imok Urok2 (Imok)
Moderator
Username: Imok

Post Number: 1442
Registered: 07-2002
Posted on Saturday, April 17, 2004 - 04:52 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

A locked container with a rotary lock, not a key lock,
will make it even tougher for them.
They might get your trunk keys, or even hit the trunk release,
but if you have a locked container, with no key to open it
on your ring, then you are in a even better position.
Hope this helps :-)
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Python (Python)
Member
Username: Python

Post Number: 40
Registered: 04-2004
Posted on Saturday, April 17, 2004 - 06:20 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Josh R....a great place to hid weed is in the in the little door where the gas cap is or in the hood.

As far as your situation, if you are a minor with no offenses, you will get a fine and some inactive probabtion, maybe some community service and will be required to have an interview with a drug counselor who might suggest treatment, and or drug testing....so when you get this meeting, you better turn on the charm, make them feel sorry for you and lie your ass off if so that they believe something like "you smoke on occasion with your friends and he was doing something an left his stash in the car.......or something so the lady doesn't make you go to meetings and shit".......

As far as your court procedure, i really do not think you need a lawyer.......at court, i would plead no contest and be honest with the judge......no excuses just say you were wrong and have realized how stupid what you did was. Plus the No Contest Plea will prevent the charges from ever being used against you in a criminal or civil proceeding in the future, and will make your court be over in a very short time)........I mean, you might think about trial but IMHO i think it is uneeded and more $ smart since you will have fines to pay anyways, plus these charges are low misdemenors like trespassing (But i know Maryland is a little more strict than most places, so ....make your own decision, a lawyer is always good...

As for the cops not reading you your rights, if the officer smells weed, he is allowed to search but i would not have given him anything. But if he was gonna search anyways, you probably did the right thing. Once he handcuffs you, he should read you your rights and typically, even with adults, the police do not read people their rights until they are in the station and before they give their personal information......usually they give you a sheet to sign which most people never remember anyways.....which probably explains any situation that people think they were not read their rights(i was once arrested and took the sheet but they found it later when it fell out of my pants..lol) I am sure you probably signed one of these and would not think that any judge would believe the kid's (who got caught with the pot and pipe) word over the police officer's word.........therefore, you will probably want to ends this in your mayors court.......

That is the exact problem, no one usually has evidence to prove they were not read their rights, usually cases are tossed because of illegal searches......for instance, if you got stopped and the cop searched and found a kilo of blow and went to your house and found 50 kilos of blow and you even testified that you are a major dealer and love to sell blow, in court, and then you lawyer proves the search was illegal....everything goes away because it came "from the stem of the poisonous tree" which was the illegal search of the car.

As far as DUI's the cops don't usually read the rights to you after a failed DUI test ("people are usually drunk anyways") thats why they have you sign the paper at the police station, then they have proof. The police should read you your rights but they never do, because it is so hard to have evidence to prove it.....thats why your lawyer said you were screwed Kyle......you would spend at least 1000-3000 more for a trial which you would lose because all the evidence points that you were drunk, the cop is the good guy to the courts and your lawyer advised you to drop it because he doesn't want to lose a case or waste your money, especially for a M1 DUI (If any of you get a DUI, and it is your first, i would walk into court and plead no contest, there is really no need for a lawyer, ask for driving privaleges for work and school, be honest to the judge and apolligize for your actions......you will get the same sentence as with a lawyer,plus it can never be used against you again in criminal or civil court....the only time for a lawyer is if you want to be a lawyer or teacher or something and got caught with a little weed, then they could plea bargain a guilty plea if they "nali" drop the weed charge", IMHO) Don't get me wrong, lawyers are allows a plus, i am just saying that sometimes they are not needed.........

A BIG TIP: if you are in the U.S. and know you are drunk when you get pulled over......You DENY the breath test, You DENY taking all tests! You are allowed too. The cop will tell you that if you do not, he will impound your car and take you to jail, and your liscense will be suspended for at least 1 year (all true) for refusing....but believe me it is the smart way to go (if you get the fail a test and get the DUI, the same thing will happen, right?)So when is says he will impound and jail you, you say Thank You sir.....you will get out of jail the next day or that night for like 200-300 bucks.....when you go to court you will get work and school driving privalages and basically have a full liscense and they will never be able to prove you were drunk, so you will not get the DUI, and no 6-8pts will be assesed to your liscense and car insurance will not go up! Now tell me that isn't a great loop-hole.....Believe me, Ask ANY lawyer and they will tell you i am right......So no one reading this should ever get a DUI, right?

But Anyways, Josh R, you have your hands tied legally but your situation is rather petty, and you should not worry too much about it.......be more careful next time, do a car walkaround before transporting illegal items and i always kept one of those commercial air fresheners in the car, one spray will clean any smell up (you can find them in resturant or office building bathrooms, they are in the little plastic thing on the wall that sprays once every 20 minutes)

Know your rights, cops like to make you think you have to stay when really if you are not under arrest or otherwise detained..you are free to go....................go to erowid for more information on your rights



(Message edited by python on April 17, 2004)
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17204
Registered: 02-2001
Posted on Saturday, April 17, 2004 - 01:43 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

there is really no need for a lawyer



that's real BAD advice there.
pretty easy to give
when it won't be your conviction.
getting a lawyer ALWAYS helps
reduce the penalty.
it's well worth the money.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17205
Registered: 02-2001
Posted on Saturday, April 17, 2004 - 01:46 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

You DENY the breath test, You DENY taking all tests! You are allowed too. The cop will tell you that if you do not, he will impound your car and take you to jail, and your liscense will be suspended for at least 1 year (all true) for refusing....but believe me it is the smart way to go (if you get the fail a test and get the DUI, the same thing will happen, right?)So when is says he will impound and jail you, you say Thank You sir.....you will get out of jail the next day or that night for like 200-300 bucks.....when you go to court you will get work and school driving privalages and basically have a full liscense and they will never be able to prove you were drunk, so you will not get the DUI, and no 6-8pts will be assesed to your liscense and car insurance will not go up!



although
i agree that one should refuse any sobrity test
if you know you will fail.
however it bears mentioning
that police are considered
expert witnesses
and you might still be convicted
if the officers testify as to
obvious drunken behavior
such as staggering, slurred speech, etc.
if they videotape you
that may be all they need to convict
even with no breathalizer.
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Python (Python)
Member
Username: Python

Post Number: 41
Registered: 04-2004
Posted on Sunday, April 18, 2004 - 05:50 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

Don't get me wrong, lawyers are allows a plus, i am just saying that sometimes they are not needed.........


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Python (Python)
Member
Username: Python

Post Number: 42
Registered: 04-2004
Posted on Sunday, April 18, 2004 - 05:53 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

i really do not think you need a lawyer.......at court, i would plead no contest and be honest with the judge......no excuses just say you were wrong and have realized how stupid what you did was. Plus the No Contest Plea will prevent the charges from ever being used against you in a criminal or civil proceeding in the future, and will make your court be over in a very short time)........I mean, you might think about trial but IMHO i think it is uneeded and more $ smart since you will have fines to pay anyways, plus these charges are low misdemenors like trespassing (But i know Maryland is a little more strict than most places, so ....make your own decision, a lawyer is always good...


..

you see hippie, these 2 quotes say that IMHO a lawyer is uneccesary but always a plus.....i would not stear anyone in the wrong direction......i try to fill them in because i happen to be very informed with the law and criminal procedure/punishments......i was gonna be a lawyer because of my love for law. I even did a work study with an area firm.....
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Python (Python)
Member
Username: Python

Post Number: 43
Registered: 04-2004
Posted on Sunday, April 18, 2004 - 06:09 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Since then, i might still go into law but i have been doing my pre-med requirements ( i am caught between botany, some type of grad science, medicine or law)....

As far as the DUI thing........your best bet is to do what i said, i have seen people get off on this in court and get their liscense back for work and school.......the reason being is that if you refuse the tests you will only be charged with "not taking the sobriety tests required by law" (very low misdemenor, but with mandatory liscense suspension) and the traffic violation(not a dui).........even if they video tape you or the cops testify, it is all "asumption" in courts and would be "objected by the defense lawyer"(i mean you could be having an allergic reaction or be sick, or tired or anything so it won't stand), plus you shouldn't be out of the car doing anything on tape or saying anything but "no", "yes", and "thank you" to the cops........without the factual, and strong evidence from the sobriety tests.....you will never get the DUI..............again i wouldn't stear you in the wrong direction...........The judge might ask why you refused the tests and you would just say....i just used my right not to take a test that i thought was unmerited and unnecessary (or something)..................hippie, you are right that they may be able to convict you on some bullshit evidence like tape but you should already be prepared and act accordingly for you saftey..................if someone can't even stand, and is driving.......then that person deserves to get a dui (you know)...but many times people have control of themselves on a fun buzz and could prevent the dui....


as far as saying that a lawyer is not necessary.........i really, honestly....do not think that Josh R needs one...............but like it says in the quotes, it is always nice to have an attorney

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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17254
Registered: 02-2001
Posted on Sunday, April 18, 2004 - 04:09 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

better safe than sorry.
get a lawyer if at all possible,
you'll be glad you did.
the court system treats poor people [with no lawyers] worse than the rich [with lawyers].
having a lawyer tells the judge
you aren't just some low-life
but a serious citizen who can afford justice.
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 63
Registered: 02-2004
Posted on Sunday, April 18, 2004 - 05:17 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

well put hip, i am getting a lawyer
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Shroomzhilla (Shroomzhilla)
Senior Member
Username: Shroomzhilla

Post Number: 508
Registered: 01-2003
Posted on Sunday, April 18, 2004 - 05:41 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I know in one state that refusale to take a breathalizer is considered "admission of guilt" to any and all judges. it sucks.
I dig chicks that drag their knuckles
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Python (Python)
Intermediate Member
Username: Python

Post Number: 52
Registered: 04-2004
Posted on Monday, April 19, 2004 - 03:39 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I don't know about that shroomzilla, if i am wrong please tell me what state and show the ordinance so i know..............but i would think that it would be assumption........because "you have the right not to incriminate yourself" a.k.a.......the 5th amendment...............



Josh R.......i always said a lawyer is beneficial, but you should understand that your situation is not bad and really quite petty(but i understand the concern if this is the first trouble you've been in).....you will probably not even get charged with a crime as bad as a DUI which is an M1....your charges will probably be M4 paraphenilia, and M4 drug possesion (under 100 grams is misdemenor), and a traffic violation........which are the equivalent of tresspassing.......
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Python (Python)
Intermediate Member
Username: Python

Post Number: 53
Registered: 04-2004
Posted on Monday, April 19, 2004 - 03:41 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i might be off in how serious the misdemenor charge is because you are im maryland.....but it shouldn't be above and M3.............good luck bro
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17324
Registered: 02-2001
Posted on Monday, April 19, 2004 - 02:16 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

really quite petty



not really,
even a minor drug conviction on your record
will still cost you big time
as life goes on.
no student loan,
no government subsidies,
discrimination by employers, etc.
even if you lie and try to hide the conviction,
that alone can get you fired.
so it's worth fighting.
your record lasts a lifetime.

(Message edited by admin on April 21, 2004)
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Python (Python)
Intermediate Member
Username: Python

Post Number: 54
Registered: 04-2004
Posted on Monday, April 19, 2004 - 03:13 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

a drug conviction on your record
will cost you big time


....AGREED very much, and it is very worth fighting..........a lawyer may get it dropped to a lower charge with a "quilty plea" a.k.a. plea bargain........but since there is so much evidence on josh (because he is in fact guilty)and because the charges are probably of the lowest degree.............the judge/prosecution will probably not drop the charges so no drug charge is there, ..........but the lawyer will inform him on how to get the charges expunged and maybe help him to get some pre-trial diversion (program for first time offenders so their crime never happened)....In the U.S. a first time offender can get a felony of the 4th degree expunged so i am sure josh r can get his expunged, except i have never seen anybody get a misdemenor expunged........."don't you think Bush would have got his 1976 DUI expunged?"

BUT THE GOOD NEWS FOR JOSH is that I think from reading above that he is a minor.........so everything will go away when he turns 18

I have plead no contest to misdemenors and not a lawyer or even a state backround check has even found them..........

Hippie, i hope you understand i am not trying to get josh r to go in there without a lawyer.......i am just trying to ease his mind with a long/informative description of his situation
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17335
Registered: 02-2001
Posted on Monday, April 19, 2004 - 03:26 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

the lawyer will inform him on how to get the charges expunged and maybe help him to get some pre-trial diversion (program for first time offenders so their crime never happened)....



exactly WHY he wants a lawyer

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Python (Python)
Intermediate Member
Username: Python

Post Number: 56
Registered: 04-2004
Posted on Monday, April 19, 2004 - 03:31 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

indeed, indeed
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 64
Registered: 02-2004
Posted on Monday, April 19, 2004 - 08:33 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I have a quick Q. Will my work hear about my little accident somehow or what?
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17348
Registered: 02-2001
Posted on Tuesday, April 20, 2004 - 02:16 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

who can foresee the future ?
it is possible, if you for example
drive a vehicle for them
or take a physical exam
as it may come up when their insurance company checks you out.
but under most circumstances it's hard to imagine they would find out.

(Message edited by admin on April 21, 2004)
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 330
Registered: 01-2004
Posted on Tuesday, April 20, 2004 - 03:30 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

I don't know about that shroomzilla, if i am wrong please tell me what state and show the ordinance so i know..............but i would think that it would be assumption........because "you have the right not to incriminate yourself" a.k.a.......the 5th amendment...............




You're wrong i don't have a ordinance lol but i know someone it happened to, and that right not to incriminate yourself is only once you are put under arrest.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 331
Registered: 01-2004
Posted on Tuesday, April 20, 2004 - 03:33 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Hip you sure a drug conviction for a minor will ruin those things? Or is that only to adults.
It might hurt you if you ever wanted to join the military and get security clearances though.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Python (Python)
Intermediate Member
Username: Python

Post Number: 61
Registered: 04-2004
Posted on Tuesday, April 20, 2004 - 05:29 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

a possesion charge will not hurt you for military things..........only drug sale/distribution will
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Python (Python)
Intermediate Member
Username: Python

Post Number: 62
Registered: 04-2004
Posted on Tuesday, April 20, 2004 - 05:47 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Bubblegum, you have the right not to testify or incriminate yourself throughout the entire court porcess!!!!............ i am however sure that your friend had some other circumstances which have not been mentioned.......for the loop hole to work.....one must follow the procedure outlined above

But i don't want to argue..........i am just trying to inform here..........just take what i say as information and research it( i am pretty sure you will find it to be true)........i wouldnt expect anything less.............i just want to help.........surely everyone can understand that...........
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big slick (Baddaboom)
Senior Member
Username: Baddaboom

Post Number: 172
Registered: 10-2002
Posted on Tuesday, April 20, 2004 - 01:12 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

What you should have done

after you realize that a glove compartment is a seriously stupid place to store some pot lol.

wait till the officer asks for your lisence and registration

then

show them your lisence

I'm sorry officer I left my registration and insurance at home officer(be very polite!!!)

you get a ticket for no registration no insurance and maybe reckless driving

the first two get dismissed when you go to court with your reg and ins.

you never should have transfered the weed from the glovebox to the center console (that alone gives them the right to search your car)

there was a book written in the 70's about how not to get busted. I'm not sure if it's been updated but the things I read in that book have stayed with me and helped me avoid trouble with the po po for over 20 years


Everything I write is a total work of fiction

Never give up never surrender
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 334
Registered: 01-2004
Posted on Tuesday, April 20, 2004 - 02:31 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I didn't say it will i said it can, no not only sales of drugs hurt your military carreer. The biggest one i see is spousal abuse. And i agree you have the right not to testify or incriminate yourself, but like i said that is once you are arrested. Maybe laws where you are are more giving than places like virginia, and virginia beach. I suggest you don't drink and drive there or you might find it pretty much not true.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Python (Python)
Intermediate Member
Username: Python

Post Number: 64
Registered: 04-2004
Posted on Tuesday, April 20, 2004 - 08:13 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

you are right that many charges will hurt you if you want to be an officer but a drug distribution charge will prevent you from being allowed into the military...........

And bubblegum, i was told that Virginia has some of the strictest laws in the country..........i feel sorry for you man, I have a buddy who lived there.....he actually with me right now....
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 335
Registered: 01-2004
Posted on Tuesday, April 20, 2004 - 09:25 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I don't live there right now but i use to, tatoos were illegal there just to give an idea how fuked they were.

That isn't correct about the military either, but you won't be a ranger or any branch of sp as you won't get the clearance. Felons can join the military, air force would be hard others more likely to allow you, or give you a waiver so you can join.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Python (Python)
Intermediate Member
Username: Python

Post Number: 66
Registered: 04-2004
Posted on Tuesday, April 20, 2004 - 10:38 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I know felons can join the military, you might have misunderstood what i said which was that any drug sale will prohibit joining and any small charge may hurt your chances for being an officer.............got a buddy at west point who was denied being an officer because he was arrested, and never charged for .5 gram cocaine possesion, another buddy of mine received a felony 4 drug distribution charge for one pill of ex and the military said they can work with a drug felony as long as it was not distribution and they said even if he got his record expunged.......he would still have to cop to his charge and wouldn't be allowed to join.................
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 336
Registered: 01-2004
Posted on Wednesday, April 21, 2004 - 04:14 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Well both cases are right, it's based on case by case basis. If you have say a class b felony of trafficing a scedual w drug like someone i know, that alone won't stop for from being able to join. But if it was recent, you don't have a HS diploma, and scored low on the asvab you are not likely to get a waiver.
I know people in the army, don't know about other branches, that have "distribution" convictions. You woul dhave to ask your local recruiter and they can tell you if they are willing to put in a waiver for you and if you need one.
Expungement only works for non military applications, any charge or arrest that has been filed on you the military will find, even if it was dropped or dismissed. Like your buddy found out. people shouldn't lie when they join like he did, they will find out.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17410
Registered: 02-2001
Posted on Wednesday, April 21, 2004 - 01:43 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

Felons can join the military



since when ?
are you quite certain ?
my step-son [a felon] tried to enlist 4-5 years ago
but they rejected him.
iraq must have them hard up for warm bodies
if they now take felons.

(Message edited by admin on April 21, 2004)
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17411
Registered: 02-2001
Posted on Wednesday, April 21, 2004 - 01:59 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

fyi,
to exercise your right to remain silent and not incriminate yourself,
you have to remain silent from beginning to end.
you cannot answer some questions but refuse others, you must refuse ALL questions.
once you answer a question
you have in essence waived your right
and you can't go back to it.


(Message edited by admin on April 21, 2004)
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17412
Registered: 02-2001
Posted on Wednesday, April 21, 2004 - 02:06 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

btw,
the thing about the records of minors
being wiped out at 18 or inaccessible to police
is wrong.
maybe it was true a long time ago,
but these days
the records aren't destroyed or even really sealed, they are kept 'just in case' and are easily accessed by the police if they feel the need.
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Bubblegum Salvia (Bubblegumsalvia)
Senior Member
Username: Bubblegumsalvia

Post Number: 341
Registered: 01-2004
Posted on Wednesday, April 21, 2004 - 02:19 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Yep felons can join, but not all felons
They don't need people bad enuf to normally let in felons that only have a ged and average scores on the asvab testing
www.goarmy.com there is a chat room you can ask recruitors about your step-sons case if he still wants to join. If he has stayed out of trouble since then makes a big differance.

It prob is wrong i was speaking from my own experiance on that one and i was a minor a long time ago.
This body holding me reminds me of my own mortality.
Embrace this moment. Remember. We are eternal.
All this pain is an illusion.
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Python (Python)
Intermediate Member
Username: Python

Post Number: 71
Registered: 04-2004
Posted on Wednesday, April 21, 2004 - 07:34 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

my friend went to a recruitment office and they said he could join with felony drug possesion but not distribution......i was with him........(this was before IRAQ)

As far as right to remain silent......you are quite right hippie, but people should know their rights and stay quiet........

if when a cop arrests you, and you ask for a lawyer they are supposed to stop talking to you...the only problem is that they rarely do, especially in the case of young adults and minors.....so you just have to be strong and stay quiet


A juvenille's record can not be used againt them in adult court or the hold them back from employment or loans etc
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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 67
Registered: 02-2004
Posted on Friday, April 23, 2004 - 07:57 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

okay so i told a couple of my friends about my situation and how i was on probation when it happened and they about all said im going to a correctional facility for my age group. Im pretty scared to go to a place like that but whatever happens happens and i cant help it now. Again my probation was for malicious vandalism(throwing a peice of dog poop on a school window). Do you think that since i was on probation for such a petty crime that it wont have alot of effect for my marijuana charge, i mean i know itll affect the final ruling a lil bit.I just dont wanna go to jail. Do you think the chances are pretty likely ill go to one of these places or are the charges not as bad as i think they are? thanks
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Roc (Rochester)
Senior Member
Username: Rochester

Post Number: 1374
Registered: 05-2003
Posted on Friday, April 23, 2004 - 09:34 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Calm down, wait & see would be my advice.


Roc
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Python (Python)
Advanced Member
Username: Python

Post Number: 84
Registered: 04-2004
Posted on Friday, April 23, 2004 - 10:27 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

josh r..i didnt know you were on probation!

(is it inactive, or do you have a Probation officer and drug tests)???

Probation is probation, whether for really bad things or vandalism (a childish act like your poop incident looks very bad to judges).....i knew a kid who got 1 year adult jail for breaking a car window..

If it is inactive you should be okay....but if you have active with a PO....you might be in bad shape

I must recind my advice earlier, i thought you were a first time juv offender.....YOU MUST GET A LAWYER......i don't want to scare you, but from my experience things are not looking very good man.....


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Josh R (Northernlit024)
Intermediate Member
Username: Northernlit024

Post Number: 68
Registered: 02-2004
Posted on Saturday, April 24, 2004 - 12:19 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i didnt have a po or any drug tests or anything, i actually just found out that it was supposed to end in may so that kinda sucks.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17443
Registered: 02-2001
Posted on Saturday, April 24, 2004 - 12:38 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

odds are still in your favor,
as the offenses are not similar.
a good lawyer should be able to keep you free.
and worrying will not help much.
the first thing is to beat this charge
because if you aren't guilty
then there's no violation of probation.
so go see your lawyer and let him
worry for you.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17444
Registered: 02-2001
Posted on Saturday, April 24, 2004 - 12:42 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

A juvenille's record can not be used againt them in adult court



not always true,
juvie records cannot be used for the guilt phase
but they can, in certain cases,
be considered in the penalty phase,
esp. for similar offenses.
so a conviction for burglary at 14
can be used later to argue for a longer sentence
once you've been convicted of another felony as an adult.

(Message edited by admin on April 24, 2004)
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Python (Python)
Advanced Member
Username: Python

Post Number: 86
Registered: 04-2004
Posted on Saturday, April 24, 2004 - 12:54 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Josh R, you are on inactive and i would not worry much.......you should not get jail time.....but you may have to face the suspended penalty for the "poop case".....

HIPPIE

They are not allowed to use it against you but the judge often times knows about it......i would say that some unofficial use of the juvie records might cause longer sentences....but what can you do....a lawyer should be able to prevent it

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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17449
Registered: 02-2001
Posted on Saturday, April 24, 2004 - 12:58 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

you are on inactive



the correct term
is unsupervised probation.
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17450
Registered: 02-2001
Posted on Saturday, April 24, 2004 - 01:01 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

some unofficial use of the juvie records might cause longer sentences



there is even some official legal use.
usually only for more serious felonies
like robbery or arson or murder.
they never forget a serious felony conviction,
juivie or not.
now misc. minor bullshit, like vandalism,
yeah- not to worry.


(Message edited by admin on April 24, 2004)
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Roo (Tehutiroo)
Advanced Member
Username: Tehutiroo

Post Number: 85
Registered: 04-2004
Posted on Saturday, April 24, 2004 - 03:09 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

A juvenille's record can not be used againt them in adult court

It can make it very hard on you if you ever want to get a job in the millitary/goverment. Also if you decide to work for a contractor. Those records will not be kept sealed when it comes to getting any security clearence.
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Roo (Tehutiroo)
Advanced Member
Username: Tehutiroo

Post Number: 87
Registered: 04-2004
Posted on Saturday, April 24, 2004 - 03:24 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I would just pay the fine and be done with it. I do not know what state you live in but where I live you would not even have a record.
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Python (Python)
Advanced Member
Username: Python

Post Number: 89
Registered: 04-2004
Posted on Saturday, April 24, 2004 - 03:28 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

unsupervised probation.




When i was shadowing in court, the judges in city courts called the probation inactive......

It means that they suspend your sentece and say that they expect you not to get in any trouble in the following year.....if you do, they will make you face both sentences (new and old)..but there is no PO and no drug tests..


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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17499
Registered: 02-2001
Posted on Saturday, April 24, 2004 - 01:34 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i reckon terminology
varies by locale.
around here
there is no such thing as 'inactive probation'.
we have SIS [suspended imposition of sentence]
which is kinda like what you describe.
but we also have unsupervised,
which is slightly different
in that the sentence has been determined
but not yet served.

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PBeester (Pissybee)
Senior Member
Username: Pissybee

Post Number: 744
Registered: 12-2002
Posted on Sunday, April 25, 2004 - 11:01 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I had a intervention in lieu of conviction but, when I failed the drug test in the first month, I was charged with a felony because I smoked every day for 10 years. I'd check NORML's site for the Cannabis laws in your state to see what possible sentence you can face. Also, NORML has a list of lawyers who deal primarily with these cases, which may be a good idea, if you can afford it. I couldn't afford a lawyer(I was caught with heroin and crack) so they appointed one who didn't do a very good job and I still had to pay his fee after I was convicted. Bottom line is know the law before you get in trouble or you'll get screwed.
PB
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17568
Registered: 02-2001
Posted on Monday, April 26, 2004 - 12:59 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

so they appointed one who didn't do a very good job and I still had to pay his fee after I was convicted



yep,
been there, done that.
just about all
a public defender ever wants to do
is plead you guilty.
oh boy.
thx for nothing.

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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17569
Registered: 02-2001
Posted on Monday, April 26, 2004 - 01:18 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

www.goarmy.com there is a chat room you can ask recruitors about your step-sons case if he still wants to join.



lol
he's changed his mind.
not a real good time now
to join the army.

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Josh R (Northernlit024)
Advanced Member
Username: Northernlit024

Post Number: 83
Registered: 02-2004
Posted on Wednesday, April 28, 2004 - 07:13 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Well today i saw my lawyer and i was quite pleased with what i had to hear. He said best scenario i would either have to go a drug education class or drug addiction class based on an interview with some kinda psycologist and community service and fines, worst scenario would be that i have to go to court but will most likely end the same way with either of those classes plus community service and fines. He also said i really dont need a lawyer for this type of case and that i would save 950 bucks just by getting a public defender and still have the same final ruling. I was also releived to hear that chances are im not going to go to a correctional facility so that kinda made my day. Well thanks to all you mycotopians for all the good legal info in this thread.
and my rights didnt need to be read to me because he didnt need to ask me anything that would be used against me in court since i gave him everything(or atleast thats one of the reasons).

peace

(Message edited by northernlit024 on April 28, 2004)
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 17701
Registered: 02-2001
Posted on Wednesday, April 28, 2004 - 07:15 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

now you know.
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Josh R (Northernlit024)
Advanced Member
Username: Northernlit024

Post Number: 84
Registered: 02-2004
Posted on Wednesday, April 28, 2004 - 07:45 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

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Python (Python)
Senior Member
Username: Python

Post Number: 111
Registered: 04-2004
Posted on Wednesday, April 28, 2004 - 11:18 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Seems like i hit it right on the nose........

Josh, i told you i wouldn't lead you in the wrong direction......

your welcome and good luck....

(Message edited by python on April 28, 2004)
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Josh R (Northernlit024)
Advanced Member
Username: Northernlit024

Post Number: 96
Registered: 02-2004
Posted on Tuesday, May 25, 2004 - 05:21 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

just an update. yesterday i went to the place to talk to the guy who dealt with my case and it turned out pretty good compared to what i thought would happen. All fines were dropped so i saved about 1000 some dollars there. I got 40 hours community service and like 6 weeks of classes and its done. pretty good outcome for me i think.
America, land of the free
Free to the power of the people in uniform
-kmk
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Python (Python)
Senior Member
Username: Python

Post Number: 239
Registered: 04-2004
Posted on Tuesday, May 25, 2004 - 05:43 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

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GW Semtex (Gwsemtex)
Senior Member
Username: Gwsemtex

Post Number: 234
Registered: 12-2003
Posted on Tuesday, May 25, 2004 - 06:24 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

"no rights reading means no charges, call a lawyer, you'll get out of it easy, you have a witness to the lack of rights being read to you."

I didn't read this entire thread but here are my thoughts on miranda rights.

If the cops do not read you your rights then you are not off the hook. What happens is that anything you said can not be used in court.

But if you are caught with paraphanelia then there is no point because they got the goods on ya. They won't have to use anything you said because they got the proof already to bust you.

In felony and even some cases in which they want for you to give up information then they must read you your rights or the information you provide is inadmissable.

Of course they could lie. Some will but not all cops are dirty. The ones that aren't dirty will be sure to read you your rights though because they play by the rules.

Remember first and foremost-
You have the right to remain silent.

Not a good thing to hear but well worth following.

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Sweetness (Sweetness)
Moderator
Username: Sweetness

Post Number: 2030
Registered: 08-2003
Posted on Tuesday, May 25, 2004 - 06:36 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

That's good to hear Josh!! Wouldn't want to lose you around here and hate to see you have to fork out that kind of money. I'm sure you're somewhat relieved!!
'We are operating on many levels here.' Ken Kesey
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Hippie3 (Admin)
Board Administrator
Username: Admin

Post Number: 19930
Registered: 02-2001
Posted on Wednesday, May 26, 2004 - 12:43 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)


quote:

If the cops do not read you your rights then you are not off the hook. What happens is that anything you said can not be used in court.



generally true
but not always.
some judges will admit statements freely given by a defendant even if the miranda warning was not given by arresting officers.
the crux of the matter resolves around police custody. once you are in custody then the miranda must be read if they want to question you.
but a roadside stop is not the same as being in custody and so if a cop asks if you have weed and you say yeah, your admission is admissable.

archive material to security/legal

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