First Time Court Questions

[Flying_Chippmunk]

So I was out biking at 2am, and was stopped by the local city police for not having lights on my bike (dumb but ultimately avoidable). Anyways, he noticed a bulge in my pocket and proceeded to pat me down. Granted I believe this was unlawful because I was completely sober, compliment and all around nice to the officer and he did it for no other reason for a budge. On me he found my grinder and pipe. I had NO weed on me, nor had I had any nearby so there wasn't an odor. (I was just moving the stuff because I was going out of town) As expected it tested positive for marijuana (no bits and pieces, just minimal resin). I wasn't arrested but given a slip to show up at court. I'm 18 and this has been my only run in with the law ever. What am I looking at for a sentence? Granted I understand each and every case is different and is completely dependent on the judge, but any info would be appreciated. I go go school about 2 hours aways, and they scheduled it on a day I have class, will they let me reschedule for a better day? Thanks :/

 

[Artificial Emotion]

Are you under the impression that all the laws are uniform throughout the whole of the US? No I doubt they will reschedule to be more convenient to you just because you're busy.

When he asked to search you why did you agree? Or did you tell him you didn't consent?

I doubt you are going to get an answer here and your thread will probably be locked because I don't think legal discussion is even allowed. You need to speak to a lawyer not an internet forum. You probably will be able to get a free initial consultation but it may very well be your word against the officer's.

 

[Flying_Chippmunk]

I didn't realize legal talk was against the rules? Just thought somebody may have had something similar happen. Florida.

 

[Artificial Emotion]

Don't quote me on that.

 

[Jibult]

I didn't realize legal talk was against the rules? Just thought somebody may have had something similar happen. Florida.

It's a grey area. Legal threads are usually closed, and the legal forum has been officially locked for years now.


That said, I wouldn't sweat a first-time paraphernalia charge with no priors. My guess (and that's all it is: a guess... which is why this subject matter is generally frowned upon here) is that you'll get a fine, community service and court-ordered substance abuse counseling at worst.

If it were me I probably wouldn't even bother for a lawyer on this one, but if your folks are willing to go the extra mile for you then you really never know what they'll be able to get thrown out/dismissed/reduced for you. They're like magicians with that type of shit. I'm actually kind of surprised they arrested/charged you instead of just confiscating your pipe and giving you a fine, though....




Rescheduling is a viable possibility. I personally don't know how to go about that, though, other than having your lawyer put in a request to your judge.



[EDIT: Okay, so I just looked up the FL paraphernalia laws. I can't say what your sentence will be, but I can tell you the maximum sentence allowed by law:

Possession of paraphernalia is considered a misdemeanor under Florida state law and punishable by up to 1 year of incarceration and/or a $1,000 fine.


source



Still, though, my state's got nearly identical laws concerning the stuff and, from my experience, I really wouldn't worry too much about it. It'd be extremely unlikely for them to hit a first-time offender with a maximum sentence.]

 

[Mafioso]

ya like AE said drug laws and the enforcement of such varies heavily based on your geographical location, judge, and unfortunately your race and appearance imo.

based on the fact that you were not intoxicated and had no weed your likely charges will be drug paraphernalia and maybe some obscure misdemeanor. First time offense, no major charges for sure, possibly will get some sort of drug rehab school and maybe community service time, or some sort of fine. Just my guess, best bet is to ask some kids around your area who got busted.. that will give you a better look into your local law enforcement.

I don't think I can give you legal advice, but it might benefit you to get a medical marijuana card if it's available to you at your age in your area. I'm pretty sure Florida has medical marijuana programs, and if you happened to be a legal medical patient then it migh be a legal gray area to be transporting a pipe and grinder if you had a reason. Even tho after the fact, getting a medical card before court, in my opinion, might make it more likely for a judge to give you a warning. It at least shows that you have a legitimate medical reason, signed off by a doctor, to use cannabis, and that you are already making an attempt to not break the laws in the future.

this is all just my opinion, I do not live in florida and are not familiar with the laws over there. This is not legal advice, just what I think I might do if I were given similar circumstance.

Oh ya, and I would dress as nice and cleanly as possible, haircut, shave, button up shirt and tie. speak as politely and honestly as possible. It is a small offense in comparison to what it could be and if you show that you have already learned your lesson perhaps a judge may not feel the need to punish you further for something that is honestly a bit petty and possibly a little bit illegal. Explaining clearly how the search happened might be enough for the judge to let you off, but being that he already had you stopped cops have probable cause for almost anything. Just present the facts clearly and honestly, keep your story straight and clear.

 

[0057]

i also live in Florida, and they don't go easy on drugs period. you got lucky he didn't book you into jail. My advice is get a lawyer, because a public defender will just want you to cop a plea. so will some paid attorneys though, so be clear on what they plan to do before retaining them. you should be able to get the case thrown out due to illegal search andseizure. good luck

 

[Jibult]

you should be able to get the case thrown out due to illegal search andseizure

Lol, doubtful, unless there's a lot more to this story that's been left out...

It's a point worth bringing up with your counsel, though, regardless of what I personally think.

 

[thujone]

It's a grey area. Legal threads are usually closed, and the legal forum has been officially locked for years now.

AFAIK the Legal subforum was shuttered to prevent people from using BL as a substitute for actual legal counsel. So whatever the situation, seek legal counsel either way.

Personally, I don't think there's any chance it'll get thrown as illegal search because the whole purpose of the pat-down was to develop probable cause, making the resulting search legal.

 

[Artificial Emotion]

^ is that called a terry pat which they use under the guise of searching for weapons? My memory is not what it used to be.

 

[Jibult]

AFAIK the Legal subforum was shuttered to prevent people from using BL as a substitute for actual legal counsel. So whatever the situation, seek legal counsel either way.

Yeah, that's the best course of action in these kinds of situations. Still, though, I definitely sympathize with why these threads are created.

^ is that called a terry pat which they use under the guise of searching for weapons? My memory is not what it used to be.

Your understanding of a "Terry Pat" is correct.

In this situation, however, I'd say the police officer made contact with the individual, and at some point thereafter noticed a bulge in the subject's clothing that, in the officer's experience, was consistent with how the average user would transport their drugs and/or paraphernalia and subsequently went for a search to which the subject did not attempt to refuse (and was therefore "compliant.") And what do you know, the fuckin' cop happened to be right!


Dude was good at his job, not illegally performing his duties-- and weapons had nothing to do with it. Just my $0.02.

 

[Artificial Emotion]

Does a drugs paraphernalia misdemeanour exclude you from be able to get college funding or is that just drugs convictions?

I'm really surprised a mere bulge in a person's pocket can give probable cause. I mean a bulge could be anything and I would argue is consistent with how an average person would transport just about anything that size. It doesn't really seem fair.

 

[Yeetbeat]

While I don't have any useful input here, I will say this: fuck the USA and fuck their backwards penalties for fucking NOTHING.

Here in Australia (in my state at least), marijuana is decriminalised up to a certain amount. I'm not sure of the exact amount I could get away with having on my person, but presuming I'm sober and have absolutely nothing else to be concerned about, I could get pulled up with a Q in my pocket and cop nothing but a confiscation and a fine ($175 from memory). No charges, no record. That's it. An amount for 'personal consumption' is barely even a slap on the wrist. It's almost worth the risk (if you can even call it a risk) taking a joint with you for a walk around the CBD knowing you won't get caught, and if you do it's nothing more than an inconvenience and small fine

 

[Jibult]

Does a drugs paraphernalia misdemeanour exclude you from be able to get college funding or is that just drugs convictions?

I'm really surprised a mere bulge in a person's pocket can give probable cause. I mean a bulge could be anything and I would argue is consistent with how an average person would transport just about anything that size. It doesn't really seem fair.

It's a multitude of things. The bulge in the pocket, the age of the subject, the way he personally looks, the way he acts, the area he's stopped in and it's particular crime/drug history, the story he gives, etc. etc.

Sure, the cop could've just taken a complete guess and hit the jackpot, but with this situation I'm fairly confident a court of law would convict based solely on what we've been told in the OP.



Drug convictions don't bar you from college funding. However, if you get a drug charge while you're receiving financial aid they're going to remove you from the program until you can reapply once you're eligible again.

While I don't have any useful input here, I will say this: fuck the USA and fuck their backwards penalties for fucking NOTHING.

Here in Australia (in my state at least), marijuana is decriminalised up to a certain amount.

Agreed on the first point. Regarding the second, though, several states have decriminalized cannabis in the USA (with two going so far as to actually legalizing the stuff on a state level.) Given that huge win, it's STILL backwards. Why, you might ask? Because while the marijuana in and of itself is decriminalized and only going to give you a fine, the paraphernalia that you smoke it with (ranging from blunt guts to glass pipes to vaporizers used for weed and extracts) are still full-on fucking illegal and going to cost you a trip to the county detention center if you've got the paraphernalia and some weed. However, just having a bowlpiece likely won't bring any grief your way in my area. (Maryland, USA, for the record)

 

[Mafioso]

Does a drugs paraphernalia misdemeanour exclude you from be able to get college funding or is that just drugs convictions?

I'm really surprised a mere bulge in a person's pocket can give probable cause. I mean a bulge could be anything and I would argue is consistent with how an average person would transport just about anything that size. It doesn't really seem fair.

ime, once the cop has already stopped you for a legitimate reason, like a traffic stop, they can use practically any reason of suspicion as probable cause to search you. When questioned, all they have to say is that they thought it was a gun or weapon and feared for their personal safety. Taking precaution is standard protocol for cops and you already broke one law if it's a legitimate stop so you are already an offender in the eyes of the law.

If they happen to be wrong then they write them a ticket and go about their way. If they are right then that is just "good cop work".

There are cases like the incident in Texas not too long ago where two middle aged women were stopped on a traffic violation, cop said he smelled weed so he had a female officer cavity search both front and back- dirt bag used the same glove for front and back and both women. Last I heard they had a multimillion dollar lawsuit against the city, it's all over youtube if you search for it.

 

[Jibult]

There are cases like the incident in Texas not too long ago where two middle aged women were stopped on a traffic violation, cop said he smelled weed so he had a female officer cavity search both front and back- dirt bag used the same glove for front and back and both women. Last I heard they had a multimillion dollar lawsuit against the city, it's all over youtube if you search for it.

Yeah, when rights are violated there tend to be repercussions.

The downside to that huge payday? Those women still had to endure the especially unsanitary body cavity searches. Yeah, there's a possible jackpot in their future but they were still forced to go through some pretty cruel and unusual shit. When dealing with unlawful police officers, the law protects you after the fact and almost exclusively only when some other third party completely unconnected to the situation witnesses the the events.

 

[Yeetbeat]

It's a multitude of things. The bulge in the pocket, the age of the subject, the way he personally looks, the way he acts, the area he's stopped in and it's particular crime/drug history, the story he gives, etc. etc.

Sure, the cop could've just taken a complete guess and hit the jackpot, but with this situation I'm fairly confident a court of law would convict based solely on what we've been told in the OP.



Drug convictions don't bar you from college funding. However, if you get a drug charge while you're receiving financial aid they're going to remove you from the program until you can reapply once you're eligible again.





Agreed on the first point. Regarding the second, though, several states have decriminalized cannabis in the USA (with two going so far as to actually legalizing the stuff on a state level.) Given that huge win, it's STILL backwards. Why, you might ask? Because while the marijuana in and of itself is decriminalized and only going to give you a fine, the paraphernalia that you smoke it with (ranging from blunt guts to glass pipes to vaporizers used for weed and extracts) are still full-on fucking illegal and going to cost you a trip to the county detention center if you've got the paraphernalia and some weed. However, just having a bowlpiece likely won't bring any grief your way in my area. (Maryland, USA, for the record)

Yep, it's ridiculous.

Adult stores (porno shops) legally sell a HUGE range of bongs and some other random paraphernalia, though no glass pipes. I suppose you could argue you're weird and like smoking tobacco from a bong hahaha

 

[exaddict]

Get a lawyer or ask prosecuter if you can do community service for suspended sentence.
A simple misdomeaner drug charge will keep you from getting many good jobs.