Possession of Marijuana charge

[Gandolf The Great]

So some friends of mine got busted for Marijuana Under a Oz. They were chillin at a public park and a cop came and looked around in the car and said he smelt marijuana. Then they searched the car without asking. They found a roach. And took everyone to jail. But my friends were not smoking and the car has not been smoked in, in 2 days. So it most likely didnt smell and he illegally searched it. Also when they arrested them they did not tell them there miranda rights. What should they do in court. Any ways to get it dropped? Also it wasnt in a legal stale for recreational use. And they are not patients.

 

[Twox]

Damn, Jail for a roach?.. Which state is this, I would like to know so I can avoid it at all costs.

As for your friends, the owner of the roach needs to tell the judge it was his and that the others had no idea it was there. Once that's cleared up, he can work on his defense/ plea bargin. The Miranda right defense usually doesn't work because they can read it to you later. The illegal search might not work because the arresting officer did find drugs and if he said he smelt it he had probable cause to search making it legal. Your friend will most likely get a plea for probation and fines or community service "if" he/she has a clean record.

 

[Integrum Stultus]

Possesion of Marijuana Charge.

The reason the officer indicated he detected the odor of marijuana was to give himself probable cause to search. So it was not an illegal search. Now as to being mirandized that typically is not something done anymore verbally as they are arrested, its something they do before they are booked or questioned. Generally if nobody fesses up to it then whoever the owner of the vehicle is gets the charge. It's shitty but IMHO they shouldn't be out in public with it. Its understandable they didnt know it was there but they should keep better track of what contraband is brought and left (even accidentally) in their vehicle. As to what they do/say in court they could fight it (multiple suspects) all they have to do is raise reasonable doubt with the judge, or they can cut a deal with the prosecutor or take it on the chin. Like a 200$ fine on a MM


Posted via my iPhone 6s from Above and Beyond... Stay high

 

[Gandolf The Great]

This was in GA. It was also in a friends car they were with. Also they don't want probation because they don't want to have to quit smoking. That's honestly there main goal in all of this.

 

[Integrum Stultus]

Possesion of Marijuana Charge.

1 yr/1000$ max penalty.. Sorry to say but probation is probably in their near future.


Posted via my iPhone 6s from Above and Beyond... Stay high my friends.

 

[Fyffer]

Probation for sure. That nothing that is better than jail.


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[DaleP122209]

ThTs crazy over a roach had that happens to me once but there was no marijuana in it so I argued with the cop that it was a rolled cigarette lol I think the other cop was believing me couse I got lucky and let me go . Hope you don't mind me tuning in


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[420Waldo]

Sorry for your friends' woes...nobody needs that kinda headache over a I got pinched once the same, luckily judge ordered donation to a worthy cause and let me off with misdemeanor - but that was after an unlawful search.

 

[Regi254]

Maybe someday we won't have to worry about this. I pray. Such a waste of time and money. The law is notorious where I live for using that same line and many times I know for a fact they didn't smell anything. Should be a law against using that as probable cause bc it is misused. Both of my son's have been through this and once a friend of my son's had a pinner on him and they made such an ordeal out of it that you would of thought they just busted a drug kingpin with pounds and pounds of drugs in the car. Took that boy to jail in handcuffs and he now has his 1st record and doing a year sentence on probation. Wow! I think he lost his job over it and now can't pay probation fees. Nobody in the world can say the crime did more damage then the punishment..and those who do care less about peoples well-being and are full of bs. Very sad to think the authorities, whom we assume are of the upmost character, and better then the average people are actually the total opposite.
Sorry for my rampage. This ridiculous issue frustrates me to no end and I've even become an active member of our NORML local chapter and learning how to go lobby at the Capitol.
Hope everything worked out for your friends ☮