mykal

I'm not too sure whether or not this is the appropriate place to ask this question. I'll take a shot at it, and if you feel this question is unapropriate for this subject matter feel free to delete my post at once.

I was arrested with posession of marijuana one night at about 11pm. We hadn't done anything wrong, but were told to get out of the car so we could be searched. Doing so the Officer had patted me down and a small baggy dropped out containing less than 4 grams. I stayed the night in the county jail awaiting my arraignment, on which the judge released me on OR (Own Recognisance), pending a hearing May 11th.

I am a first time offender, with no previous record (juvenile or adult) and a full time college student (if that matters). I was in Pittsburgh, PA and I'm currently 20 years of age. What are my possible consequences for such a small amount? Will they take into consideration it was in fact such a small amount? Any help or information would be greatly appreciated.

Thank you very much for your time,

Mike
michaelk@adelphia.net

Niteshift

I can't tell you the current judicial trend toward sentencing in Alleghany County, but I can at least give you the possible penalties:

Possession:


</= 30 grams: 0 - 30 days; $500
> 30 grams: 0 - 1 year; $5,000
Cultivation, delivery or sale:
Fines will exceed amount listed to as sufficient to exhaust the proceeds of prohibited drug activity.


Any amount: 0 - 15 years; $250,000
>/= 2 lbs. or >/= 10 live plants: 1 year MMS; $5,000
>/= 10 lbs. or >/= 21 live plants: 3 years MMS; $15,000
>/= 50 lbs. or >/= 51 live plants: 5 years MMS; $50,000
Sale:


Sale to minor: penalty doubles
Sale within 1,000 feet of school or college: 1 - 2 years MMS
Paraphernalia:


Paraphernalia possession: 0 - 1 year; $5,000
Sale of paraphernalia to minor: 2 years; $5,000

Driver's license may be suspended 6 months.

My advice, and I'm sure some here will disagree, is plead no contest and you'll probably pay a fine.

mykal

Thank you very much for your advice, do you think it would be a wise decision to contact a lawyer? Or will this be a waste of time and money? Do you think the judge will see it in my favor as a first offense and no priors - adult or juvenile?

A good friend of mine told me not to bother with a lawyer since it's my first offense and to just request drug and alcohol classes of some sort.

Once again, I thank you very much for your help.

Mike
michaelk@adelphia.net
aim: illtelignt

phuzz01

I would definitely find a lawyer. Even if you are going to plead no contest, your lawyer will know how to help you get a lighter sentence.

Alex

Niteshift

I agree, talk to a lawyer.

Also ask about getting the adjudication witheld. It means that if you go a specified amount of time without a repeat violation, the court will treat it as though it never happened.

TATER

I KNOW HOW YOU FEEL LAST SUMMER I HAD A PARTY MY AIR COND. BROKE SO I OPENED A WINDOW THE MUSIC WAS A LITTLE TO LOUD SO SOMEONE CALLED THE COPS INSTEAD OF KNOCKING THEY DRUG ONE OF MY DOGS CEMMENT BLOCKS TO MY LIVING ROOM WINDOW AND WATCHED US WHEN I WENT TO LET MY DOG OUT I SAW HIM STANDING THERE HE SAID HE HAD BEEN WATCHING US FOR 25MIN. THOUGH WE HADENT SMOKED YET WE HAD A PIPE BUT IT WASNT LIT HE Q'ED US AND 9 MONTHS LATER WE GET A COURT NOTICE WE THOUGTH THIS IS INVASTION OF PRIVICEY SINCE HE DIDNT KNOCK HE SAID ITS KEEPING THE PUBIC SAFE WHAT DO YOU THINK I SAY BULL**** IM IN MY HOUSE NOT HURTING ANY ONE I WOULD HAVE TURNED DOWN THE MUSIC HAD SOME ONE KNOCKED EARLIER IS THIS BULL OR WHAT

Panama

Please turn off your caps lock.

Thank you.

__________________
"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-
Marijuana.Com Posting Guideline

Niteshift

Tater,

You do have a privacy issue, but not for the reason you think you do.

His not knocking is not an issue. He could observe as long as he wants.

However, his use of a concrete block to stand up on is a privacy issue. It's a little subtle, so try to follow.......... if he could see the violation, unaided, it is plain view and completely admissable. But, since he needed an aid (the block), he is taking steps that go beyond being plain view. It's kind of subtle because, say you are growing pot in your back yard. You have a 6 foot privacy fence around it. Now I, as a 5-10 officer, cannot see over that fence without an aid, but a 6-5 officer can legally stand in the same spot as me, see it unaided and make a case.

What you (actually, your attorney, because I suggest you get one) need to determine is whether or not the officer could have seen the violation without standing on the block. If he could, you're out of luck. If he couldn't, well...........

BTW, I should clarify something...........everyone should not assume that items like binoculars or parabolic microphones will automatically be considered unreasonable aids and get a case thrown out.

awalkinthegrass

Based on what I have read in Richard Glen Boire's book, _Marijuana Law_, I would have said the exact same thing as Niteshift.

It's a plain view issue. Since it's not in plain view, he can't do anything with the evidence. However, even if it HAD been in plain view, he would have still needed a warrant to come into the house, whereas a car would not have required a warrant. A house is a place where you can reasonably expect to be private. A car has been determined by the Supreme Court to not be as private. If a cop sees marijuana in plain view in a car, he can arrest you immediately and search the rest of the car for more evidence.

The same would be if he frisked you and found marijuana, he could search the rest of the car. Keep in mind, however, that frisks are technical 'searches' that are permissible without a warrant because the cop is supposedly looking for weapons that could cause immediate harm. If he accidentally finds marijuana when he reaches into your pocket BECAUSE HE HAS COME ACROSS SOME HARD OBJECT THAT COULD HAVE BEEN A WEAPON, then the marijuana stands. If he reaches into your pocket and grabs a joint and pulls it out, that constitutes an unlawful search because the joint could not have felt like a weapon. It could have been a hand rolled cigarette; not enough probable cause to conduct a search. However, if he felt a baggy that was spongy and sounded a little crumbly, based on his 'expertise and experience' he could determine with probably cause that it was marijuana that was accidentally uncovered while conducting a search for weapons, and could then conduct his search and pull out the bag because now he has probable cause even though it is obviously not a weapon.

Bottom line: frisks are done to find weapons. They are not done to discover contraband. However, if contraband is somehow 'constitutionally' discovered while conducting the search, then you're f*cked. A good rule of thumb is to carry small amounts of marijuana in opaque containers that are not on your person; if you have to carry it on your person then either keep it out of the same pockets as hard objects, or keep it tightly stuffed it in a sealed container like a sunglasses container with a rubber band or inside a film canister.

Now, even though this sounds illogical, since the film canister or sunglasses container is a hard object, even if he pulls these out and shakes them, they will make no noise (since they have been tightly packed). He therefore has no reason to think there's a weapon inside, which means he cannot break the seal. If he breaks the seal and finds marijuana, then he has conducted an illegal search and your lawyer will probably get you off.

-Paul

420Forever

I believe that if marijuana is in fact found in multiple containers, it could lead to being charged with possession with intent to distribute.....whereas otherwise it would only be a simple possession charge. Therefore, carrying it in opaque containerS might present problems in that way, although it may appear better concealed

I just think that's an important point to consider