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Old 05-16-2005, 02:49 AM   #1
chronicdinosaur
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Default Buusted.. wondering how much trouble im gonna be in.

Last saturday me and a friend were sitting in a friends garage at about 1:30 when two cops pulled into the caudlasack infront of us. They parked and sat there for a minute and then pulled into the driveway. They called both of us over there and asked where we lived. We told them and one of the cops told my friend his eyes looked very red ( we had just smoked a couple bowls ) he then asked if we had anything on us we should'nt and we told them we didnt. The one cop asked my friend if he had been smoking and he replied no. One of the cops came over to my friend and told him they were gonna put him in the car because he was lieing. I said thats bull**** and thats when the one cop grabbed ahold of my shoulder and put me up against the car. He started to pat me down and I said " I do no consent to any searches" because I knew he could legaly pat me down but not search me unless I was under arrest. He felt my ciggaretes and put his hand into my pocket and started to pull them out. When he did I grabbed his pocket and his hand which was inside it. He then grabbed both of my hands and said "thats resisting arrest buddy" and cuffed me. When I looked over the other cop had my friend ( who by the way is under age ) cuffed and was searching him. The cop continued searching me and found my papers, glass bowl, and about a half. They took both of us back to the station and proccesed us. My friend's parents were called and they released him into their custody. I was held on $150 bail and the next morning i got some friends to chip into to bail me out. In the end I got 3 tickets for Resisting arrest, Drug paraphenilia, and possesion of marijuana while my friend got possesion of tabacco, possesion of drug paraphenilia, possesion of marijuana, and curfew. I should be recieving my court papers in the mail soon and am worried about how much trouble I am gonna be in. I was arrested once when I was 13 for breaking and entering and pety theft. Any comments/help would be apprecited.

The DinoSaur
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Old 05-16-2005, 04:35 AM   #2
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You couldn't have been resisting arrest because you weren't under arrest (yet). Not that they won't claim otherwise though. I dont know, man, that sucks. :-/
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Old 05-16-2005, 05:10 AM   #3
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Actually, it COULD be considered arrest. After all, MOST "resisting" charges usually begin as someone is being handcuffed or is otherwise "evasive" during the initial contact. The cops like to get someone in cuffs before breaking the news about the arrest, as it makes their job safer and easier to accomplish. He made a move that could be considered "aggressive" and the cop responded. how many "resisting arrest" charges do you think occur after the arrest is made? He was resisting the ARREST, he wasn't causing problems AFTER the arrest. After all, the charge is resisting arrest, not resisting after an arrest......
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Old 05-17-2005, 01:59 AM   #4
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if they werent allowed to search you then do something about it.
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Old 05-20-2005, 09:49 PM   #5
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All the charges are valid and the cops did nothing legally wrong.

For future reference, you should have just closed the garage door.

Penalties depend on where you live and whether you have a lawyer. You're probably looking at a week in jail or a year of probation or something along those lines.
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Old 05-20-2005, 10:47 PM   #6
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Yeah I really dont understand why you two just sat there.. I would have gone inside or something, instead of starring down the cops.. Next time YOUR BEST BET is being truthful about it.. Both you and your friend should have told them the truth, that in fact you both had been smoking.. Honestly I dont see why a cop would take you to jail when you were actually responsibily smoking at a residence, instead of being careless and driving around with it.. The one time I got arrested for it, the cop replied to "Hey man why you riding around with this ****? Just leave your sack and smoke at home, dont be riding around and smoking".. I think u just pissed off the cops even more by lieing and by grabbing his hand inside your pocket.. Lol what were you trying to do, let the cop play pocket pool !?! rofl.. next time just remember, honesty pays off. Worst comes to worst, if you were honest, he would have let you two off and just confiscated your bowl and prolly destroyed your weed.
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Old 05-21-2005, 09:09 AM   #7
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Thumbs up Being Honest

Next time tell the truth
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Old 05-22-2005, 06:07 PM   #8
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yeah either stick around for the cops and tell the truth or get the hell out of there.
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Old 05-24-2005, 01:34 AM   #9
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To answer your question, it depends on where you are (state) to some degree, whether it's your first offense, etc. Sounds like you're still under 18.

Could get lucky and get a diversion, but probably get probation for a year. Many times, your lawyer can get them to drop the paraphenalia charge. Might get a week to 20 days as WNB said, but my guess is probation.

Let me warn you, however, that if you get probation... don't ferk up. 30 days in the county jail and a renewal on your probationary period (meaning that you start all over) is common for first probation violation.... if you're an adult. Not sure about minors. A second violation on probation can mean anywhere from 60 days to having to serve you underlying sentence in jail, which is usually a year for a pot possession charge. Ain't worth it, I guarantee you.
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