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SinJin

Dang I posted this a few minutes ago, and it said I was'nt logged in, so if it shows up again sorry, okay, my 17yr. old son and 2 friends were arrested last Fri. night. They were cuffed and the car was searched. They were all charged w/ the same thing, weed under 2oz. One kid had priors (which we did'nt know about) and my son and other kid's records are clean. The report says they convinscated a 1/2 smoked blunt, small amount of weed smashed in carpet all found in front floorboard, my kid was in the backseat, also 1 cigarette, and a freaking Ozarka water bottle w/ and I qoute, "1 oz of some sort of clear liquid", give me a break! Wonder how much of that weed smashed in the floorboard is grass or grass from the kid who owns the car's lawn. My son was'nt asked any questions except for ID, they did'nt ask to search the car and it did'nt smell like weed, he says they had smoked earlier in the night, also they were'nt read their rights until the next day when the judge came in, but after reading other posts I guess that those 2 things really don't matter, anyway my kid still did'nt know what he was charged for till we were able to post bail, BTW freaking $2000, had to pay the bondsman $315. So he was finally released around 3 Sat. Seems a little extreme to us that all 3 get charged w/ same offense, so should we talk to a lawyer or what? Need advice and any input Thanks!!!!

 

hauptmann

With no priors he could get fines and probation with drug treatment/counseling, alot of that is up to the judge. I personally would get a lawyer.

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566

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Niteshift

and a freaking Ozarka water bottle w/ and I qoute, "1 oz of some sort of clear liquid", give me a break!

Let me explain that one to you.

That phrase doesn't surprise me because I've seen ones like that all the time. It's to stave off a useless defense ploy later in court.

If the officer had said it was water, and it turned out to be somethign else, the attorney would claim it was water before and something else was put in it's place.

Or, with other things, you'll have some idiot attorney start asking what tests were performed to determine it was water. "Are you an expert in water, officer?" "Then how could you write in this document that it was water?" Blah, blah, blah.

That's why usually, even with a positive presumptive field test, I'll still list "suspected marijuana" etc. I'll let a lab and some guy with the proper degree and equipment say it's pot for sure.

it did'nt smell like weed, he says they had smoked earlier in the night

If they smoked in the car that day, it smelled like weed. Maybe not to a smoker, but it will to a non-smoker.

Seems a little extreme to us that all 3 get charged w/ same offense, so should we talk to a lawyer or what?

It's fairly normal to charge all three for constructive possession. In most cases, the driver/owner will get charged if it's in the car.

Same thing happens with alochol and minors all the time.


Who actually owns the car? Why were they originally stopped? What were they charged with specifically (including non-drug charges). Were they given warnings for anything else (like speeding etc)?

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SinJin

All three were charged w/ the same offense possession under 2 oz, no alcohol was involved, they were stopped in a new sub-division, when the police came up, it was 10:30 a @ night. I would be suspicious of a car parked too, especially in a new area of development. I have a police friend in the next county over and he said they would'nt have bothered arresting them, but would give them a ticket. Thanks for your input Niteshift, so take our chances or pay a lawyer? Thanks again!!!!

Niteshift

Is there still construction in the new sub-division?

The reason I ask is that construction site theft is a big problem (enough so that my county has a unit that concentrates on just that). With the housing boom and the price of wood going up drasticly, this could be a factor.

have a police friend in the next county over and he said they would'nt have bothered arresting them, but would give them a ticket.

That's really individual preference. The "ticket" is most likely a notice to appear/summons type thing, which has the same effect as an arrest, without getting cuffed and going to jail. You still are charged with a crime and end up in court.

Some guys would have just dumped the pot. I would if they didn't give me a bunch of crap while I was dealing with them........but it's individual preference and I can't really fault a guy for deciding to arrest.

so take our chances or pay a lawyer?

That is totally up to you.

In many places, juvenile first offenders are put into diversion programs that avoid a criminal record, giving them counseling etc. instead of a record. I don't know what the normal practice in your area is, but if I were you, I'd find out. Try the clerk or courts office, they see more of the cases and what happens to them than anyone else does.

 

JTP

Once upon a time I had a friend get arrested in Austin for possesion. He was an adult and managed to recieve some sort of pre-trial diversion. Did some community service (100 hrs) and paid a $300 fine. Afterwords his record was expunged. As a juvie I would think your kid could get a deal. He had a lawyer.

Good luck.

Crown Vic

A lot can depend on the size of the agency/city attorney's office your dealing with. If its a big city, they have a difference between municiple/state prosecution. The city I'm in requires all drug arrests to be presented in state court. State DA's usually want their case handed to them on a silver platter, much like federal prosecutors. Municiple Court doesn't require as much, as they prosecute most anything.

The DA has the option of refusing the case, or deciding to proceed with charges. From the facts you have given, in my area it sounds as if the DA would refuse to prosecute, resulting in all charges being dropped. Mainly due to the fact that any one person could claim the weed was someone else's, and not theirs, contributing to a never ending cycle of 3 peole each pointing the finger at someone else. Me personally, I would not have made the arrest, but "wind tested" the evidence.

By all means, consult an attorney, of course one you trust who is not in it for the dollar, but to actually help people ( and yes, though few, I have seen those types). If the case has merit, he will advise on a plea, if it doesn't, he will consult with the DA, and get the charges dismissed. If he's worthless, he will advise go to trial and charge you by the hour.

StewScum

I can only help you from personal experience. I am nineteen and a year ago i was caught with paraphenalia, now my charges weren't as severe as your sons, but i do know a thing or two about the processes, and it really all does depend of the judge. Have your kids ask questions to other kids who have already seen this judge, (I'm sure he knows some because kids get caught all the time) and find out how the judge usually handles offenses. My judge happened to be a harsh drug enforcer and prosecuted me to the full extent of the law. Luckily for me it was a class C misdameanor and i just had to do community service to pay of my ticket, but it did not get taken off my record. This is what really should be of concern to you.
From the sound of your sons circumstances, a lawyer would probably advise you to plead no contest and then he would try to plea with the judge to lighten the sentence. That is your best bet, I have know quite a few people who have just had to write an essay or do community service to get the conviction off the record, this should be your goal. Things like that can make things very difficult to get college loans, or into college period.
My advise to you is to get a lawyer, because a judge is more likely just to lower the punishment at the sight of a lawyer rather than have another case to prosecute and judge on.

Good luck and maybe someday we wont have to deal with that kind of bull anymore.

Stephanie S.

SinJin,

It may be a bit past the point, but I'd like to direct you to this link. A Reality Based Approach to Teens, Drugs and Drug Education

As a parent and public school educator as well as being a former juvenile deliquent, I'm well aware of the obstacles a parent faces when dealing with teens and drugs. Still, there is something to be said for having extremely open and honest communication with your kids. Reinforcing the idea of Karma and the laws of the universe (for every bad thing you do, a bad thing will happen, on the other hand, do good things, good things happen.) A person's choices are reflected in their behavior. Your son made a very bad and very uneducated choice to sit in a car at 10:30 at night with minors while being in possession of marijuana.

I hope, I pray that parents take the time to talk With (not TO) their children about the realities of life, i.e. prison, crime, laws (however unjust), and choices. I hope that your son will not become bitter and angry toward law enforcement after all is said and done. LEO's can't help that they are soldiers in an unjust war..(ok, so they can help it by voting appropriately..).
Still, even if marijuana were legal, your son would probably still be charged as a minor in possession.

All apologies for being preachy. I just wish that parents would really take the time to be involved with their kids, know where they are, what they're doing and who they are doing it with. It IS possible, it's not being overprotective, it's being a parent.

peace

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StewScum

Uh, i sort of understand where your coming from, and i do believe its right to try to keep your kid out of jail, because no one wants to go to jail. It would be better however, if you the parent actually took a stand and started educating other parents about the actuall truths of marijuana, and why teens actually smoke it. Maybe if you, a parent who has a limitless potential for influence, can start convincing other parents into saving your children from the law. Obviously if your at this site, then you know the facts on weed, and you know weed is not the cause of your children's incarciration, it is the law on weed. If you start educating people on the truth of the failures of the drug war, you can prevent any more kids from having the rest of their lives ruined by these wrong drug laws.

No matter how tight of a leash you put on your kids, they will still find way to do the things they want to do. My parents kept me on a tight leash almost my whole life, but now, i smoke pot in the backyard while they watch TV, because it's safer for me to be there than driving around. The most effective way you can save your kids from going to jail is to change the law, it has been done before back in the 60's. It used to be 10 years for a joint. Just push for legalization or the possesion of marijuana as damaging as a parking fine, each step we get closer will give your kid more of a chance to be succesful without having a drug crime on his record.

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