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ThatchedNugz

I'm just curious of what kind of punishment could I be facing? Here's the story:

Last night my cousin and I were leaving a party, following another friend in separate vehicle to a different party. My cousin was driving, I was shotgun and no one else was in the car. We get pulled over because my cousin's car headlight was out, and for changing lane w/o signaling. The cop suspects alcohol and performs a field sobriety test on my cousin, which he passed, but he refused a breathalizer so the cop arrested him. He then asked for my id and to step out of the car and wait by another cop that had showed up. The arresting officer then searched my cousin's car and found his pipe and one-hitter and my one-hitter.
The cop asked me if anything in the car was mine, and I answered him honestly that one of the one-hitters was mine. He then cuffed me and put me in the sqaud car with my cousin. Neither of us were read our rights btw. We were processed at the local jail and I posted our bails.
This is my first offense and my record is otherwise clean, what sort of punishment can I expect? I live in Illinois.

 

TNTMagicHerb

Must be read their moranda (sp?) rights. Proving this wasnt done is between your word and the cops. If you can get him to admit that the rights were not read its thrown out. Most police officers will not admit this and their word is usually good enough for a judge. As far as the punishment for your crime, you will probably just be convicted of a misdemenor para. charge. No jail time and a simple fine of around $90-$190 depending on your state and local fines. Many people have this charge on their records and usually will be overlooked by employers if it was an isolated incident. Most employers dont see misdemenors on the background check anyways most of the checks are for felony charges only.

troublemaker_42

This is a very common misconception. Suspects DO NOT have to be read their MIRANDA rights under all circumstances. The only time they MUST be read is if someone is questioned by police AFTER AN ARREST. The police can, and often do, arrest people without reading them thier rights, and its perfectly legal. The only tiome it becomes mandatory is if the suspect is interrogated after the arrest. An oofficer certainly isnt required to question someone being arrested, and they don't have to. If they have reason enough to make the stop and resulting arrest, questioning the suspect is often unnecessary, and the subject is simply taken into custody while not being asked any questions. another situation is that the police CAN question you without your rights being read, however, any information acquired through such questioning is not admissable in court


Also, paraphenilia charges vary drastically in punishment. In some states, having an empty marijuana pipe will earn you more serious of a punishment than if you were in possession of actual weed. The laws concerning paraphenila vary as much as the marijuana laws do. If in doubt check Norml.org they have fairly extensive info for each state's laws.

vladimir

in kansas, refusing a breathalyzer after passing a field sobriety test is in no way a reason for arrest. i know several friends who have gotten away with that, one of them ended up getting a ticket for refusing a field breathalyzer, a $100 fine.
did you guys even bother questioning that whole procedure??
that seems like pure bs to me.

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troublemaker_42

The laws concerning "implied consent" for breath testing, etc vary from state to state. Hewre in SD, you can refuse, but it results in an automatic one year suspension of your license. Also, after I believe its the second DUI/DWI, you have no choice....if you refuse, a warrent will be issued and a blood sample will be taken. Most states basically follow the standard that if you are driving and have a license, you have basically implied that you will consent to breathylzers and whatnot. Refusal can have punishments, including arrests in some places.

 

ThatsHotChronic

my cousin got arrested in NC with poss. of paraphernalia... she got out on bail and had to pay a 500$ fine....

ThatchedNugz

Hopefully I can get this off my record, even if it's just a misdemenor. A friend of mine who was charged with the same thing reffered me to his lawyer who was able to change his charge into littering and he paid a fine.

StewScum

Well, I've been issued a ticket for paraphanelia and i paid my 500 dollars through 24 hours of community service. In most states it's a low enough misdameanor and the only reason the cop took you to jail is probably because you were in a vehicle. I suppose your friend smelled like alchohol or stuttered, or something to make the cop certain that you two have been drinking. Did your friend get a paraphenalia and a DUI?

BTW- Trouble is absolutely right, i have been arrested twice and have never been read my miranda rights, but if they were using information coming out of your mouth as evidence against you or against someone else, im pretty sure you have to sign the card with your rights written out on it.

Now worries dude, just try a defered judification or community service.

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passdabowl

troublemaker is correct. In Kansas, you want the paraphenalia charge dropped, which most attornies will attempt to plea bargain for.

Kansas is one of the worst states in the US on marijuana and paraphenalia charges, particularly for your second offense. My advice, stay the hell out of Kansas. Their archaic pot and paraphenalia sentencing guidelines are no laughing matter.