Class B Misdemeanor

[negiko]

I was sitting in my car at apublic park around midnight, didn't know it closed at 10, police officer showsup, tells us it's closed, we say okay, and we start to leave, he comes back,and asks for our licenses, then tells us to get out of the car, and says he smellsmarijuana, he says if we bring it to him, he won't make a big deal about it,just write us a ticket, I had about .5g on me, rolled into about 2 joints half smoked down and I have never smoked in thevehicle, not sure how much my friend had on him, but it was a lot, probably about half an Oz. I brought it to him up front, and then he said he was going to search the vehicle, and if he found anything at all we would be arrested, I then dug through my car to give him my bowl, (which sadly i had just bought about a week previously), and my friend kept patronizing the police officer. Asking why, and can you do that and all those things you see in TV shows, eventually the cop was like. "IF YOU HAVE ANYTHING ON YOU, YOU ARE BOTH GOING TO JAIL UNLESS YOU GIVE IT TO ME RIGHT NOW", My friend finally caved, and gave him all his weed, which was way more then I had expected he had on him, I think he had at least 3 different strains on him, along with his bowl. He searched the vehicle, and thankfully we didn't get arrested. Hecharged us with possession of marijuana, telling us it was a Class B Misdemeanor, I was very polite the entire time. I'm just wondering what kind ofpunishment I would most likely get, and would my friend be in the same situation or would his punishment be different? And is it possible to have it not becharged as a misdemeanor and just have I go on probation?

Also I'm wondering how this will effect me in the long run, I've never had a speeding ticket, or had any points on my license or anything else like that.
I need advice,
Thank you


Post Script: My friend is 18, and I am 21

 

[Thomas Davie]

I'm pretty sure you're not allowed these types of questions, but you leave out an important point; where you are. Your location has a very big impact on the outcome obviously. In Canada for instance, medical patienst are allowed to travel anywhere with up to 150g or 3o x their daily prescription.

I don't even know what a class B misdemeanor is. Talk to a lawyer if you're worried.

Tom

 

[Felonious Monk]

You need to talk to a lawyer ASAP.

You also need to punch your friend in the face for being a jackass and making it worse.

Unfortunately BL doesn't allow legal questions so this will be closed shortly.

 

[starterpack]

Lawyer up, be upfront and explore your options.
If you're in the states, the first thing you can breathe about is that it's a misdemeanor. The state isn't up against you, it's probably the officer. If he doesn't drop the charges (some officers don't care much about bud, he might just have done it because of your friend?) then break everything down to your lawyer (im writing this post after a nice swisher so it's hard to formulate a little, but you should break it down anyways) and explore your options. Was there any form of misconduct? Did you refuse the search? (although he did claim smell which can be probable cause if you're from the states) Anything you can use to gain leverage.
It's a misdemeanor, if it's your first offense they might not even care. You could also be looking at probation, a fine, and some drug testing or something. In a sense, it depends on whether or not the system wants to bone you.

 

[sigmond]

since this thread hasn't been closed..

The penalties for a Class B Misdemeanor will depend on the state. In general a misdemeanor is a non-indictable offense that doesn't carry prison time but can result in a jail sentence - although most are settled by a fine and a short term of probation.

OP there should be a deferred judgement program in your state where you plead something similar to "no contest" then they put you on probation for 3-12 months and as long as you do not violate the contract you can avoid getting a conviction on your record.



good luck

 

[Jibult]

You need to talk to a lawyer ASAP.

You also need to punch your friend in the face for being a jackass and making it worse.

Unfortunately BL doesn't allow legal questions so this will be closed shortly.

but..... but aren't you a mod, monk? Are you not able to use your modstick outside of DC? But....

since this thread hasn't been closed..

The penalties for a Class B Misdemeanor will depend on the state. In general a misdemeanor is a non-indictable offense that doesn't carry prison time but can result in a jail sentence - although most are settled by a fine and a short term of probation.

OP there should be a deferred judgement program in your state where you plead something similar to "no contest" then they put you on probation for 3-12 months and as long as you do not violate the contract you can avoid getting a conviction on your record.



good luck

Pretty much what sigmond said. Getting in trouble with the law can be scary for anyone, and usually IS the first time for EVERYONE that goes through it.

You'll be charged and tried (if it gets as far as a trial, which, if you lawyer up, I doubt a first criminal charge for an 18year old for marijuana - less than 10g would even get you to a trial. My money's on a lawyer setting up a deal, but you're friend's almost definitely going to court thanks to his dumb ass riding around with you with over an ounce on his person) but you'll be charged and tried separately. This isn't a RICO case we're talking about here.

PM me for more personal experience info if you're interested and able to... I'm not sure if greenlighters can use the private message function yet.



My advice: Get a lawyer (not a public defender-- some are good, but they're employed by the same people that employ the prosecutor trying to send you to jail. Conflict of interest to a T, in my opinion), be 100% honest with your lawyer, and have him do his job. Like I said, as a first charge this is probably really fucking with your head, but it's a misdemeanor and has the potential to not even go as far as prosecution, meaning instead of a conviction your record would show the words "Nolo Prosequi," which mean you got arrested but they decided not to pursue the case for whatever reason. Good lawyers are amazing at getting slight weed possession charges reduced or thrown out.

You could technically follow Sigmond's advice on your own two feet without the help of a lawyer, but it's always good to have someone in your corner who's already got their feet wet and may have a few favors/connections in the courthouse.



Again, though, this is all my personal experience, which is why everyone's saying BL doesn't allow these questions and the thread will be closed shortly. No one wants the guilt on their conscience of giving heartfelt advice to a guy that follows it word-for-word and ends up doing 15-20... which is why it's imperative you get some counsel and prepare yourself going into it. You might think you're overdoing it, but the peace of mind is worth it at the end of the day.





[EDIT: ALSO ALSO ALSO ALSO NEVER EVER NEVER EVER NEVER just GIVE UP criminal evidence to a police officer, even if you think he's being honest. Smell is not probable cause to instigate a search (at least in my state, another reason why legal discussion is not allowed.) In my state, they smell weed and they detain you, pull the same shit they pulled with you, and if no one falls for the bait then they call in a K9 to run around the car to indicate for drugs. They do this because an officer's nose is not admissible evidence in court-- it's a personal experience. They can testify in court that they smelled a smell, but testimony is not evidence. That's why they have trained drug-detecting K9s and chemical labs to analyze a substance before trial.

The second you handed over your .5g you gave him all the right in the world to tear the car apart looking for whatever else he thought he might be able to find. Had you not handed it over, a K9 unit would be called. With any luck, one won't be immediately available and there does reach a point where it's illegal to detain a driver without arresting them simply to force them to wait for a K9 unit to arrive. With a TON of luck, a K9 will show up and you'll have hot-boxed your car with so many cigarettes in the meantime that they won't be able to get within a couple feet of the car with huffing into an asthmatic reaction. (I've seen that one happen. Wasn't the intention to hurt the dogs lung but we had mushies that we were NOT going down for.)]

 

[PotatoMan]

we do not allow legal discussion here at BL.