Busted by cops and need advice

H-TOWN MT4B · 06-27-2003, 05:03 AM

Well today started as any other. I woke up went to summer school came home. I did my homework and then invited my friend over to smoke a bowl. We did so and as we became less high we decided to go to the movies. When we go there we bought our tickets, and walked to the parking garage next to the theater. we climbe up to the top of the stairs of the non movie used stairs and smoked a bowl. As we walked away a cop came up to us and told us to empy our pockets. WE did so, we were high, and i had a pipe with thick resin in my pocket. He took us to his room and charged us with possesion of paraphanalia. I am 15 years old and have no previouse record. He said i might have to pay a fine or something or get on probation for like 6 months. I live in texas, any advice from people who are familiar

and yes i know it was stupid to smoke in the theater, please dont make posts rubbing it in

Devio · 06-27-2003, 05:33 AM

I was 16 and got a paraphanelia ticket. I went to court and they charged me with a 25 dollar fine and said i was on probation till i paid it, then they said i could pay it downstairs on my way out. Its not so bad man.

im grumpy · 06-27-2003, 06:59 AM

But do you live in texas? Did you get a record?

FreudPhilly · 06-27-2003, 09:33 AM

Texas info:

Quote:

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession civil citation none $500
Paraphernalia sale misdemeanor 1 year $3,000

Looks like a $500 fine according to:

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566

It sucks getting busted, just let it serve as a lesson of life!

H-TOWN MT4B · 06-27-2003, 04:58 PM

as of right now i'm not worried about the legal stuff. my school has a zero tolerance of even stuff that happens outside of school. And the cop got the name of my school, and i think the citation stays on my record for atleast 6 months if i stay out of trouble.

highallthetime · 06-30-2003, 06:57 AM

None of those NORML sentences mean anything. A judge will do whatever he thinks right, and usually for a paraphanalia charge you'll get a smaller fine since you have no previous record.

Niteshift · 06-30-2003, 08:00 AM

A judge will do whatever he thinks right

Within the guidelines.

In most places, there is what the statute says the possible sentences are, then there are accepted sentencing guidelines established usually at the circuit level.

Those guidelines are accepted by the judges. They are given a certain amount of leeway to deviate from them, but it a sentence goes too far outside of them, the sentence is subject to review.....and judges hate being reviewed.

For example: Say the statute says you can get 1 year for possession of mj under 20 grams. But the sentence guidlines for a first offender range from a fine up to 10 days incarceration. But if a judge decided you just pissed him off and sentenced you to 364 days, that sentence would be appealed by your lawyer and he'd most likely be successful because it was too far out of the guidelines. But an 11 day sentence would probably stick.

30yr.toker · 06-30-2003, 08:11 AM

.....Niteshift ? You are correct. My son know this from "first hand " experience. Unfortunately !!

Virus356 · 06-30-2003, 08:24 AM

Quote:

Originally posted by Niteshift
A judge will do whatever he thinks right

Within the guidelines.

In most places, there is what the statute says the possible sentences are, then there are accepted sentencing guidelines established usually at the circuit level.

Those guidelines are accepted by the judges. They are given a certain amount of leeway to deviate from them, but it a sentence goes too far outside of them, the sentence is subject to review.....and judges hate being reviewed.

For example: Say the statute says you can get 1 year for possession of mj under 20 grams. But the sentence guidlines for a first offender range from a fine up to 10 days incarceration. But if a judge decided you just pissed him off and sentenced you to 364 days, that sentence would be appealed by your lawyer and he'd most likely be successful because it was too far out of the guidelines. But an 11 day sentence would probably stick.

however a fairly popular thing in some places is a SMALL fine and a large chunk of community service hours.

Niteshift · 06-30-2003, 08:30 AM

And that is probably in those jurisdictions acceptable guidelines.

06-27-2003, 05:03 AM	#1
H-TOWN MT4B Jr. Member Join Date: Feb 2003 Posts: 127 Grams: 2,255.35 Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Busted by cops and need advice Well today started as any other. I woke up went to summer school came home. I did my homework and then invited my friend over to smoke a bowl. We did so and as we became less high we decided to go to the movies. When we go there we bought our tickets, and walked to the parking garage next to the theater. we climbe up to the top of the stairs of the non movie used stairs and smoked a bowl. As we walked away a cop came up to us and told us to empy our pockets. WE did so, we were high, and i had a pipe with thick resin in my pocket. He took us to his room and charged us with possesion of paraphanalia. I am 15 years old and have no previouse record. He said i might have to pay a fine or something or get on probation for like 6 months. I live in texas, any advice from people who are familiar and yes i know it was stupid to smoke in the theater, please dont make posts rubbing it in

06-30-2003, 08:00 AM	#7
Niteshift L.E.O. in Good Standing Join Date: Dec 2000 Posts: 6,432 Grams: 5,323.12 Thanks: 0 Thanked 12 Times in 6 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	A judge will do whatever he thinks right Within the guidelines. In most places, there is what the statute says the possible sentences are, then there are accepted sentencing guidelines established usually at the circuit level. Those guidelines are accepted by the judges. They are given a certain amount of leeway to deviate from them, but it a sentence goes too far outside of them, the sentence is subject to review.....and judges hate being reviewed. For example: Say the statute says you can get 1 year for possession of mj under 20 grams. But the sentence guidlines for a first offender range from a fine up to 10 days incarceration. But if a judge decided you just pissed him off and sentenced you to 364 days, that sentence would be appealed by your lawyer and he'd most likely be successful because it was too far out of the guidelines. But an 11 day sentence would probably stick. __________________ 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.

06-30-2003, 08:11 AM	#8
30yr.toker Jr. Member Join Date: May 2003 Posts: 246 Grams: 2,554.50 Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	.....Niteshift ? You are correct. My son know this from "first hand " experience. Unfortunately !! __________________ co-founder / STAK founder / OTTS The best classroom in the world, is life ! " Ambition is a dream with a V8 engine " " scattered thunder showers my a$$ "...Noah-4313BC

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