Marijuana.com

Niteshift

awalk:

"if the prosecuting attorney merely brings it up in front of a jury, (at least according to Richard Glen Boire, a criminal defense attorney in Northern California and the author of _Marijuana Law_) the charges can be thrown out entirely for simply making the comment."

They CAN be, but usually won't be. Normally, the judge will simply instruct the jury to disregard what was said. The most that would normally happen would be a mistrial, which means we get to start all over again.

" This is basic knowledge of the Bill of Rights and the Constitution. Everyone who is going to toke up should know this stuff."

I think you'll agree with me if I take it a step further and say everyone period should know this stuff.

"Some courts have upheld the smell of marijuana as probably cause for a search. The same goes for dogs."

The vast majority have and even more have for dogs. Remember, PC for search does not equal PC for arrest.

"Other time the defense would attack the cop's professional ability, based on his experience and prior track record, of distinguishing marijuana smell. If it were a dog that did the smelling, the attorney might also bring in the dog's record to determine if the dog had proven reliable in the past."

I always hope they do that. It makes my case MUCH stronger.

" Furthermore, for the sake of being responsible and respect for other drivers, do not smoke in a car. If you are a passenger in a car, do not smoke up in the car. If you find yourself in a car where others are acting irresponsibly, open the windows immediately or politely ask to get out of the car; you're inviting serious trouble for yourself. "

VERY good advice. Just wait till you get where you are going.

"Regarding this 'felony warrant,' I'd ask your/his attorney if selling a joint in your state can possibly be considered a felony."

Sale in almost every state is a felony, even if the drug itself is a midemeanor.

"I'd ask the attorney if there's such a thing as a time limit on these warrants."

Once the warrant is issued, the statute of limitations clock generally stops ticking.

Even if it doesn't in this persons particular state, given that he's only 22 and this is a felony( statute of limitations is longer on felonies).........I really doubt time was up.

"Ask the lawyer if an undercover agent can withhold the evidence for months before filing the warrant"

Absolutely.

Let me give you a non-drug example. A bug is planted in an office frequently used by members of organized crime. The cops are looking for information on a murder. During the surveillance, they hear (and tape) evidence about a bank robbery. If they acted on it now, the bug would probably be compromised. That info will be held (as long as the statute of limitations does not expire) until the bug is no longer needed for the murder investigation. Then the warrant will be applied for regarding the bank robbery.

"First of all, the cops have no idea what prison term this kid is going to get"

Through experience, we have a pretty good idea. My state uses sentencing guidlines for most offenses, so we can usually give you a pretty accurate ballpark figure.

"Let the defense attorney determine if this is information is permissible in court and/or if the prosecution will be allowed to discuss it."

The judge makes that determination. The fraud and drivers license charges probably won't be admissible, but the MIP might be.

"Anything you post on this site, for example, if it can be traced back to you, could be used against him as evidence."

No, it's hearsay. It's uncorroborated hearsay. Normally, the only time that is admissible is if the speaker is a co-conspirator in the crime and then the statement would harm him too (statement against penal intrest). Posting here doesn't prove that his son ever told him any of the things he has told us.

"If he specializes in drug cases and has been in the area a long time, he might even know the cops' profiles."

That helps us too. If the attorney knows that a particular officer normally has his sh#t together and presents himself well, they will grab for a plea and I don't have to waste a day in court.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

 

MAKAVELI THADON

Do u actually arrest kids with Pot on them or do you just give them a chance and let them go because you know the marijuana laws are messed Up. thanks

Niteshift

I can only answer for myself on that. More often than not, you'll get you bag dumped and sent on your way. Yes, I have to, I can't let you take the pot with you.

If you give me static, or there is some other factor around, then my next option is to write you a notice to appear. I take your pot, give you the court date and send you on your way.

Actually taking someone to jail for possession is a last resort with me.

MAKAVELI THADON

Thanks a lot for the reply