Marijuana.com

gnom3

i recently got arrested with my pipe full with residue, and my scale, with MJ crumbs on it, but no 'actual' marijuana. it was my first time getting arrested for anything. i got charged with possession of less than 15g, and was taken to the sheriff's office overnight.

my court date is coming up, and now i want to know; what do i have to expect? do i have to expect them to get me for intend to distribute for having my scale on me?

 

Buzzby

The legal system doesn't work that way. The court can't spring "surprise" charges on you when you go to court. The court is required to present you with all charges in advance so you can prepare a defense.

What you can expect depends on where you live. Marijuana laws differ widely, state-by-state.

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420PimpWeezy

If it was New Mexico they would of charged you with having paraphernalia, for having a pipe with resin in it, and I don't think the scale matters, but I could be wrong, just as long as you don't have a fat ass sack or I think its more than 2 regular sacks which would be intent to sell I believe, but it all depends on what state you live in...

phuzz01

I think what you mean is that somebody cannot be surprised with new charges when they go to court for their trial. But when he says his "court date" is coming up, it sounds like he means his arraignment. It is at arraignment that someone is advised of what they are being charged with. So he could find out about charges at his arraignment that he was not aware of the night of his arrest.

Additionally, even after a person is arraigned, additional charges could be brought after the case is reviewed by a grand jury. So, for example, a person can be charged with certain offenses when they are arrested (let's say misdemeanor possession). Then, he could be advised of additional charges at his arraignment (let's say misdemeanor paraphernalia). Then, after a grand jury reviews the case, he could be indicted for additional charges (felony possession with intent to distribute, for example). In that case, he would likely have a second arraignment in superior court to be advised of the new felony charge.

gnom3

no, they already did that the next morning. it's my actual trial coming up.

and thanks for the answers guys. makes me sleep a little easier at night


PS: i'm not in new mexico. i'm in west virginia. morgantown acutally. big party college, so they usually take it easy on buds, too.

 

420PimpWeezy

Thats good that your not in the "Land of Entrapment" I gotta get out of this place SOON I born and raised... Maybe thats why I hate it so much... Anyway good luck on your trial, im sure you will be fine.