SirSmokesAlot

If someone gets busted with some Marijuana, lets say an ounce, What is the best way to handle the situation, in order to have the best chance at a lenient sentence? I have always read that in order to protect your rights you should not consent to a search and not say anything without a lawyer present. However, I started thinking and wondered if that would pi$$ the cop off and give them more reason to go after you? I mean, just watch cops, how many of those people dont say anything to the police officers? And when those dont say anything, the cop usually gives him a hard time for it, telling him that he wont be in as much trouble if he just tells the truth. In your eyes (and possibly the judge's), what really is the best way to handle the situation of being caught with an ounce of Marijuana to have the best chance at a lenient sentence?

r0cketman420

I've never had this problem .. and hope to God i never do .. but if it ever did come up I would talk to the cop as much as possible .. if he asked me something i didnt want to answer i would just tell him i dont feel comfortable answering the question at this time without an attorrney, if he doesnt want to hear that and keeps on asking u over and over just dont say anything .. like they say you have a right to remain silent ... so u dont even have to say anything at all .. they'll prolly get mad but they cant stay mad for too long before u have to go to jail and get a chance to talk to the attorney .. just dont resist AT ALL cause ive seen those cop shows man .. people look like they're not resisting at all but the cop freakin pulls their arms back really fast and hard and its a bodily reaction not to get ur arm broken so what are u supposed to do about it .. i hate those cop shows they're really interesting and all but they show just how much cops have such little disregard for peoples feelings .. they dont treat you like a person when they put those cuffs on u .. u are, literally, their's .. ur a number now ... so dont get caught .. and if you do just put your hands out in front of yourself and put ur hands together and tell them to cuff you if they say you're under arrest .. though they'll probably cuff you in the back anyway cause they're mean .. but that way you suprise the cop cause, really, how many people actually tell the cop to cuff them? you'll get more respect for showing you've done something wrong and you dont want to resist .. and then maybe u wont get ur wrist broken:/

Panama

No matter what a cop says on the scene about how much easier it'll be on you to cooperate the fact is they have no say in the penalty. When you go to court your fate is decided on the luck of the draw as to whether you get an easy judge or a hanging judge.

__________________
"This fight against the War on Drugs is not a war in the classic sense of the word, so it's virtually impossible to point to one instance and say, 'That was the battle that stemmed the tide in our favor'. We have had many small victories that have led us to where we are and each day we continue to communicate and educate brings us that much closer to our ultimate goal: The end of marijuana prohibition." -Richard "Panama" Red-
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phuzz01

Yes, once your case is in court, it is up to the judge. But your chances are much better that the cop will just let it go if you are honest about it. I bet you there is not a cop in the world who will let you go if you are difficult and you lie about it.

Alex

Niteshift

"if he asked me something i didnt want to answer i would just tell him i dont feel comfortable answering the question at this time without an attorrney, if he doesnt want to hear that and keeps on asking u over and over just dont say anything .. like they say you have a right to remain silent"

Correct.

"so u dont even have to say anything at all"

Not entirely correct. Your right is to not incriminate yourself. You can (and will) be required to provide information such as your name, address, date of birth etc. In many states, refusal to comply can be an additional criminal charge. Plus, you will not be released from the jail until you are positively identified.

"people look like they're not resisting at all but the cop freakin pulls their arms back really fast and hard and its a bodily reaction not to get ur arm broken so what are u supposed to do about it"

You're not supposed to "do" anything about it. The reason people are often cuffed fast is to get them in the cuffs before they have time to think about or plan to resist. The element of suprise works to my advantage and often prevents a fight from even happening, thus saving both you and me from getting really injured.

"i hate those cop shows they're really interesting and all but they show just how much cops have such little disregard for peoples feelings .. they dont treat you like a person when they put those cuffs on u .. u are, literally, their's .. ur a number now ... so dont get caught .."

I disagree, but it appears you've already made up your mind, so debating it with you is probably pointless.

"though they'll probably cuff you in the back anyway cause they're mean"

It's not a matter of being mean. First, the last 2 jails I've taken people too require that the arrestee be cuffed behind the back unless there is a valid medical reason not to. Otherwise, I can't take them inside.

Second, cuffing behind the back helps prevent escape and resistance. Ask the Tampa police dept and FL highway patrol who, two years ago lost 2 detectives and a trooper when they were shot by a prisoner who was cuffed in front........he was a nice guy, he gave himself up.......he ended up killing 3 cops, then killing himself.

"how many people actually tell the cop to cuff them?"

A lot of them. Especially if they know that it's a minor charge and they can post bail and go home. Why risk even looking like you're resisting is their feeling.

"you'll get more respect for showing you've done something wrong and you dont want to resist .. "

I agree with that.

Can I suggest another thing that being nice and cooperative might get you...your stash dumped and sent on your way with no charges. Or, maybe a notice to appear and you don't get cuffed and taken to jail. Just some other options.


Smokesalot:

"What is the best way to handle the situation, in order to have the best chance at a lenient sentence?"

Be polite, cooperative (as far as doing what you are told), assert your rights and talk to your lawyer.

BTW, I should add, you do NOT have the right to call your lawyer right at that moment. You DO have the right to not answer questions that may incriminate you until he is present. I only add this because some people are of the mistaken belief that if I don't allow them to call their lawyer right there, that I am violating their rights.

"I started thinking and wondered if that would pi$$ the cop off and give them more reason to go after you?"

I can't speak for all cops, but it doesn't piss me off.

"telling him that he wont be in as much trouble if he just tells the truth."

Sometimes, that is true. If there is something that mitigates the offense or may even show something different than it appears, you can hurt yourself.

"what really is the best way to handle the situation of being caught with an ounce of Marijuana to have the best chance at a lenient sentence?"

First, don't get caught with an ounce.........the larger the amount, the more likely you are to get a stiffer sentence.

Second, if you are already caught, be cool about it and you might start getting breaks right away. No promises, but it can happen.

Third, just don't talk about the offense, answer the stuff you have to (address etc) and post bail.


Panama:

"the fact is they have no say in the penalty"

Not always the case. Quite a few judges I have appeared in front of routinely ask the officers questions about the arrestee's conduct and demeanor. Several ask outright if we have any recommendations. It can sway the judge from the low end to the high end or vice versa.

We may not make the determination, but we do have some influence with many judges.