TimmyP

I was busted last night (live in IL) and charged with possession of MJ (less than 2.5 grams) and paraphanalia. Funny how it only took me four times to get caught (well, not really that funny).

Anyways, I was a passenger in my friend's car and we were pulled over and the cops found weed and paraphanilia in the glove box. He asked me to step out of the car and asked me if I had smoked that night. I cooperated and said yes and also admitted that my friend and I went half each on the gram of weed. My friend was given a dui. He is 21 and I am 22.

I was planning on attending college this fall and I have recently applied for FAFSA to get financial aid. But I understand that I'm basically gonna be denied those loans for a year now, correct?

I also would love any advice on what to do before my court date (more than a month away).

Please help, any advice would help me feel better.

ALSO: If possible, and if I managed to get this off my record (it is my 1st offense for anything), would that bar me from the FAFSA loans?

Man, I really ****ed up.

leftcoaster

1st. why the kit in the glovebox???
2nd.Until you become more responsible you should really keep your burning to indoors behind closed doors.
3rd. Drinking & driving. Stick to weed, my old man was killed on fathers day in a drunk driving crash that left two dad's smoked.
4th.I'm thankful that you live in the good ol' u s of a so it's not just another dumb **** turning back the clock on pot laws.
5th. Enjoy prison and remember to sleep on your back

buzzmobile

I believe the DUI was a result of the Cannabis having been smoked. DUI is not specific to alcohol. You have very good hindsight, leftcoaster. Why ask why? The deed is done and he was asking for advice not a lecture. I would be willing to bet our young smoker friend has changed many of his ways since the incident in question.

Check out the NORML.org website for lawyers in your area. It would be worth the money to have your questions answered with accurate information and perhaps representation. Good luck to you.

Buzzby

What an incredibly mean-spirited thing to say to someone who is stressed out about getting busted! Leftcoaster is in serious need of a compassion transfusion. He should be ashamed of himself.

The statement is also irrelevant. In Illinois, possession of less than 2.5 grams is a misdemeanor with a maximum penalty of 30 days (in a county jail, not a prison). On a first offense incarceration is generally waived in favor of probation. After probation charges are dismissed, leaving no permanent record.


You would have been wise to learn something about the legal ramifications before breaking the law. Never agree to a search. Never admit to committing a crime. And implicating your friend by telling the LEO that you went half with him on the gram wasn't too cool, either.


Correct.


This won't help you feel better. Since you agreed to the search and confessed to the "crime" you're pretty much screwed. Get a haircut, get a suit, get Born Again™, teach yourself to look remorseful, and come up with a good tearful tale about how this was your first time smoking and how you'll never do it again.


After a year it won't affect your scholarship eligibility anyway. I doubt you'd be able to get it off your record in less than a year. Illinois mandates a 24-month probation before getting the charges dismissed.

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Phyxius

Whoa whoa whoa. This is skimming over a lot of important details. What were you pulled over for? Unless the car stank like weed, theres no reason he should've found the stuff at all. I'm guessing... speeding maybe? No turn signal? Broken head/taillight? Or were you swerving all over the place and the cops already suspected a dui? And you opened the glove compartment to reach for insurance and the stuff fell out?

TimmyP

To be honest, I dont know why the cops pulled us over.

What would be the benefits of hiring a lawyer for this case? Wouldnt it be cheaper just to accept the fine (at most, 1500.00)?

As for the FAFSA thing. My mom says we are not applying for any federal loans or grants from FAFSA, but are getting private/bank loans instead. I should be able to get those loans right?

r2x

Its illegal for the cops to search the glove department without reason. Did the car smell?

didorusso

labotomy? You mean you got a lobotomy and now don't remember how to spell it? I am referring to leftcoaster

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Measure your hair levels before anything else!

BartSimpson

Wrong! Get your facts straight there r2x! As has been detailed in this forum a bazillion times - it is legal to search the glovebox, under the seat and the entire stinking car. Bad advice like this really can hurt someone.

Ah, the "busted trifecta" - something gets the police attention, weed in the car and youthful ignorance. But hey, get on with school and join us in making this legal - we need you TimmyP. We need all your friends, we need your Mom, we need you to show how this is not criminal behavior. I very much regret the embarassment you suffered, but if ever you had a motive to change the world, hopefully this is it. So are you willing to effect a change?

Buzzby

Wrong! Get your facts straight there BartSimpson!

Your car cannot be legally searched for no reason, not in the United States of America. There must be probable cause to get a warrant, a reasonable suspicion that a crime is being committed, the owner/operator must give permission, or the search can be conducted pursuant to an arrest. Otherwise the search is illegal and any evidence found would be inadmissible in court because it would be "fruit of the poisoned tree".

Bad advice like this can really hurt someone! If people believe that they have no right to privacy under the Fourth Amendment they'll have no reason to refuse to be searched.