Chronos

OK, so my friend and I were picked up last Thursday in my car on a dirt road with a pipe and about a dime bag worth of some really good medical kush. We're both 16, and were charged with possession of marijuana and possesion of paraphenalia.

1. Is it a felony or a misdemeanor? (We were picked up in Oklahoma, but live in Arkansas.)

2. Will it be on my record, and if yes, is it true that your record is cleared at 18? Also, I'm actually an AP/4.0/Honor Society student, will it affect my college chances?

3. Can the judge choose to keep it off my record if he chooses to do so.

4. What are the most likely punishments, I know here where I live in Arkansas its just a slap on the wrist, but I've heard in Oklahoma they're strict on that and extremely corrupt.


I know i was stupid, and if i ever do it again its going to be in safer environment like a house or something, but if anyone has any information on my questions, or any extra info i need to know, then i would be eternally thankful.

LowRider

not sure on there state laws

record is just sealed, but shouldn't effect you.

Best to get a lawyer, and talk to you parent(s) and see if a deal can be worked out, especially if your out of state. And i know your parents where called cause your under age.

don't know laws there.

O High O

Oklahoma - NORML

Check that out.

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o_t00high_o

According toWeBeHigh.com - Worldwide Marijuana Travel Guide With Marijuana Prices, Spots & Legalization Status

"The penalty for possession of one ounce or less of marijuana is a misdemeanor and is punishable by up to one year in prison and a fine of up to $1,000. The court may defer the proceedings and grant probation for no less than one year. Upon granting probation, the court may require drug treatment. If the terms of the probation are fulfilled, the court can discharge and dismiss the proceedings."

ninfan77

Its a misdemeanor. Chances are you'll be on probation for your first offense, no jail time.

As for college, if i remember right college apps, financial aid apps only ask if you've been arrested or convicted of a FELONY, which in your case you can say "no".

Andrew87

According to NORML, it is a misdemeanor.

Yes, it will always be on your record. No, your record is not "cleared" at 18, but it will be sealed and inaccessible to the vast majority of employers.

The only ways it would ever come up are:

a) You get arrested/charged again at some point in the future.

b) You decide to join the military (it will come up, but it definitely wouldn't keep you out).

c) You decide to work in law enforcement/government intelligence/etc. (if you ever planned on working for the CIA or a federal LE agency, you can probably kiss that goodbye. Other than these, you'd probably be OK).

And no, it won't affect college opportunities.

No. However, since this is your first offense (right?), you will likely be offered some sort of diversion program. This won't keep the charge "off your record," but it will allow for it to not result in a formal conviction (in most cases).

Technically, the penalty is up to one year in jail on each count, but I can virtually guarantee you that this won't happen.

My call is that you'll get probation with the possibility of drug screening/treatment and community service. Not a big deal - just stay out of trouble and you'll be fine.

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The welfare of humanity is always the alibi of tyrants. -- Albert Camus

Chronos

thanks to all of you for your responses, but are you guys sure that it is a misdeamenor, because some of people ive talked to seem to think that the combinations of possesion of marijuana, and possession of paraphenailia together equat to a felony. This may be a stupid assumption, but im really ignorant of the law.

And also yes, this is my first offense, and while my car was searched and impounded, i was patted down, handcuffed, taken to the police station, asked many questions, fined, given a court date, and released, I was never read my miranda rights...Is that legal?

Buzzby

Both charges are misdemeanors. Each carries a maximum penalty of 1 year in jail. The fine for possession wasn't defined where I looked, but the fine for paraphernalia can be up to $1,000. Chances are you'll get probation on a first offense.

Your records are "sealed" at 18, but there will always be a "sealed" flag on your file which will make people wonder what the hell you did. I was recently denied a concealed carry license because of a sealed record, the expunged conviction for possession that I got 38 years ago.

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blitzedonthabeach420

You are supposed to be read your rights, but in my readings this evening I see nothing that specifically alludes to your arrest being thrown out or anything due to the officer's failure to read you your rights upon arrest. Something that is interesting to note is that if the police attempt to garner a confession from you with you technically 'unaware' of your rights, this could be potentially inadmissable in court especially if you claim you were under duress when the statement was made.

Andrew87

The police are only required to advise you of your Miranda rights when they are interrogating you after you are in custody (some cops will read them off even if you are not). In this case, the officer had the weed which was all he needed for a conviction. No interrogation was necessary, therefore, neither was Miranda warning.

Key word being 'potentially.'

Also, this would apply only if you were in custody at the time of the interrogation.