Marijuana.com

blondie0420

You're wrong. She didn't have any weed on her at the time, so how could her charge get bumped up to intent to sell? Normally, to get charged with that you need to have either a lot of weed (in CT it's over 4 ounces, not sure what the limit is in NY) or you need to have it in multiple baggies (like if you carried around 3 bags with an eighth in each).

The cop took her bowl and grinder and charged her with possession because of the resin she had on her vape. I don't see any way of interpreting that as a situation where her charge could get bumped up to intent to sell.

That's very strange... If you're sure that's what you got arrested for, I don't know why he would've let you keep it because you'd then be able to go home and clean it out.

Plus, if you said the resin was from tobacco and he didn't actually take the evidence so that they could test it for residue left from marijuana, you'd still be able to argue that it came from tobacco and they wouldn't have anything to prove that it was an illegal substance once you clean it out. So that just...confuses me. I don't know why you'd get arrested for possession of an illegal substance and then be allowed to keep it.

Are you sure they didn't charge you for the resin in your bowl or the crystals/bit of weed in your grinder? That would make sense then...because they kept those two things and let you take away the vape which you said you used only for tobacco.

I'm not sure if it is too late. Someone else here will probably know.

Don't bring the vape to court for your first appearance. You'd only need evidence for a jury trial or hearing, and your first appearance isn't going to be that. They'll just ask for a plea of guilty or not guilty and then take it from there.

Honestly, you'll probably just get fined or maybe have to do some community service or probation or something. First offense usually isn't a big deal.

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dk15

lol trust me, I heard what he said and I am sitting here with a ticket for unlawful possession of marijuana, I dont know why you would insinuate that I was "freaking out".








I'm fairly certain I wasn't arrested for the pipe or grinder as i would assume that to be a paraphanelia charge. I guess I'll probably just end up pleading guilty. It sounds like I have a chance at getting it dropped if I stick to the vape story, but I leave for college in August with the first Hearing in July and I really don't want this to drag on longer than necessary when it is only my first offense (and once september rolls around the whole thing will be cleared as I lose my minor status). oh, and btw - I'm a guy.

phuzz01

You guys are overthinking this. Is there ANY amount of marijuana residue or shake in the pipe or the grinder? If so, then "this pig" has every bit of evidence that he needs for a conviction.

O High O

Yeah, you can still be charged with the pipe and grinder too. I'd be surprised if you weren't. Sorry about your luck..

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blondie0420

Indeed. I was thinking he charged the OP for possession of marijuana based on the resin in the bowl and the small amount of weed/crystals in the grinder. That would make more sense, especially since he let him keep the vape.


But don't plead guilty. See if they have any sort of "diversionary" programs...community service, drug classes, etc. Usually those will get you out of trouble without a conviction or guilty plea.

 

Kiefer Suthrlnd

You're under 18, so at most you would get is community service and it would be erased when you become an adult. If you were 18, the ticket would mean even less... You really should be concerned with your license and the financial aid. When you go to court you will learn this. When you have the mj in your car, even in NY state, you might have your license taken away for a little while / insurance rates increase.

The financial aid thing is a concern because you must check off a box when filling out the FAFSA.

The website states: You might not be able to receive federal student aid if you have been convicted of selling or possessing illegal drugs, if the drug offense for which you were convicted occurred while you were receiving federal student aid
. If you have been convicted in the past, this does not automatically mean that you are ineligible for federal student aid. This worksheet will help you determine your eligibility.



As a minor you would probably still get aid, but like someone said before a diversionary program might erase the charge altogether. Did you ever make it to Dave?

Andrew87

Nothing short of expungement will erase the charge altogether, and in the majority of states, you cannot expunge any charge in which there was an admission of guilt (often required for adverse sentencing). From what I've heard, even in a case which you wre found "not guilty" can be time-consuming and costly to expunge.

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"I like the moment when I break a man's ego." -- Bobby Fischer

Jayden

If I were in your shoes, I'd place a few calls to local lawyers. Many lawyers have free consultations, and at that point, you could determine what your true options are. If you don't want to pay for a lawyer, you could use a public defender. Contrary to popular belief, many public defenders are good lawyers.

Kiefer Suthrlnd

I know around here if a misdemeanor charge happens when your under age you get a clean slate at 18.

some states after 16 you're screwed and its on your record for life....or it takes work to get it off years later...

hipe

WHILE receiving, not prior to. if he hasn't started getting it yet, he should be fine.