Caught in Idaho. Scared of what might happen. Need legal advice please! Help!

[BattlePope]

Hi 'lighters,

So, this happened on Friday. Two friends and I had smoked a joint and decided to go to the grocery store to buy some munchies. As I was pulling out of the grocery store driveway, I apparently did not make a full stop. A cop see this and pulls me over.

He walks up to the window and tells me why he pulled me over and says, "Looks like you made a California stop (I'm from California) and gives a little chuckle, let me just check your license, registration and insurance and you'll be on your way." He was essentially giving me a warning. As he's stepping back to his car, he stops and asks me to step out. He says that he could smell marijuana and asks me what I have in the car.

At first all I say is that we smoked a joint and that was it. He takes my friend out as well and starts asking him questions out of earshot. He comes back and tells me to tell the truth saying how he already talked to my friend. Now to be completely honest, I don't exactly remember the order with which I confessed but I eventually ended up confessing to the 3 grams of marijuana in my trunk (as well as my MFLB and grinder).

Now, I know I screwed up by confessing. Screwed up big time. I know I should have just kept my mouth shut. But I didn't know what my other friends had said. He asks me if he can search my car. I figured that since I already confessed, it couldn't hurt. I was hoping that my honesty would perhaps give me some leniency (a pipe dream, I know). I should have kept my mouth shut. But I figured that if I refused a search I'd be thrown in jail (the last thing I wanted). I was panicked, nervous and didn't know what to do...so I signed a piece of paper giving him consent to search my vehicle (fuck me, right?).
He finds just what I tell him, 3 grams and a grinder and an MFLB. He thanks me for being honest and says that he's just going to write me a citation and send me on my way. He does and me and my friends drive home (another one of my friends got a misdemeanor for possession as well).

Now, we were hoping that we would just have to go to court, pay a fine and that would be that. Well, I've been searching the internet about possession of marijuana/paraphernalia in Idaho and apparently each count can be fined up to $1000 with potentially a year in jail. I'm really starting to freak out now. I don't have $2000 at the moment and I obviously do NOT want to go to jail. I didn't realize that this was so serious.

Can anyone PLEASE give me some legal advice as to how I should proceed? Should I get a lawyer? How much might such a lawyer cost? At first I had thought this was just going to blow over and in a month I'd laugh about it, but the more I search about it the more I'm beginning to really worry. Can anyone give me advice as to how I should approach this?

Finally, I know I screwed up. I know I shouldn't have said anything, even if he smelled weed. But I was scared, and did not want to go to jail. It also didn't help that I am not well versed in the marijuana laws here. I'm looking for advice on what I should do next guys, not a scolding. I already know I fucked up big time. And I'm really scared at how I may have unknowingly changed my life forever. Please, please help.

TL;DR Got caught with weed and paraphernalia in Idaho and have been charged with 2 misdemeanors. Court date in on March 25th. What would be the best way to handle this situation?

Edit: I forgot to mention that I do not have any prior drug related charges. I have had some traffic citations but nothing drug related. Never been in jail or charged with a felony. Also, the cop and I were pretty friendly. He was nice and was really happy that we were honest and upfront and thanked us for that at the end. I know that he has no reason to give me any leniency but I'm hoping that when I do go to court he will tell the judge how cooperative we were which might help with our sentencing. Anyways, thought that information might be relevant.

 

[Jibult]

TL;DR Got caught with weed and paraphernalia in Idaho and have been charged with 2 misdemeanors. Court date in on March 25th. What would be the best way to handle this situation?

Obtain representation. At best I can tell you that misdemeanor marijuana possession and paraphernalia charges in Idaho each carry a maximum sentence of 1 year of incarceration and/or a fine not to exceed $1000. It would be irresponsible of me to go any further with this post than I already have, except for strongly recommending that you get yourself an attorney (if for nothing more than peace of mind in the weeks preceding your court date).


It's healthy to be a little worried about legal trouble. The memory of the stress can be a good deterrent in the future. Lawyer prices will vary but I think you'll be able to secure one with a modest fee relative to what repeat offenders and a person accused of a felony would have to pay. Haven't you started getting notices in the mail? Shit, man, feel like I'm still getting 'em a year and a half after my last charge/court date, lol.

 

[BattlePope]

Thanks for the advice. I'm not doubting that I should get a lawyer (I'm going to call a local lawyer on Monday) but, just out of curiosity, what could a lawyer do for me at this point? I already admitted guilt and do not plan on fighting this charge. At this point, I'm just hoping that I get some leniency with the charge (due to me cooperating with the police officer and not having any priors).

 

[Jibult]

A lawyer will get you the best possible deal in your interest even after admitting your guilt. A public attorney will get the best possible deal for you on behalf of the state (as in, they're getting paid by the state to work for you... a conflict of interest, in my opinion).

Both will have a working relationship with the prosecuting attorney, whereas you likely won't have any. Any kind of counsel you get will likely work out a better deal with the state/district than you could ever hope to by defending yourself. That said, they're not 100% necessary... having representation just makes your life a whole lot easier.

 

[Jibult]

If a lawyer is too costly, go with a public defender. Personally, I don't like them. I've get friends that've been blessed by public defenders in court, and others that went to the detention center $50 poorer than they were before they paid the Office of the Public Defender. It's all how you roll the dice.

 

[BattlePope]

Alright, thanks for the advice. My only concern with getting a lawyer at this point is if I can afford it. I have ~$800 and with both of my citations being up to $1,000 (potentially), I'm not sure if I would be able to afford a lawyer on top of my citation fee's. I might just try to go with a public defender and hope for the best. I'm going to call a local lawyer tomorrow and ask them if they could advise me on how I should approach this situation (although I'm sure they'd tell me to get a lawyer because...well...more money for them).

 

[Jibult]

(although I'm sure they'd tell me to get a lawyer because...well...more money for them).

Just because it means more money in their pocket doesn't make it a bad choice. Like you said, you already know you fucked up, regardless of how slight. Now all you can do is damage control and, in the legal system, a lawyer's your best friend when you want to control some damage.

I'll be surprised if this thread stays open so I want you to know you can PM me with any questions you may have if you find you can't access this page anymore. I'll keep trying to help here if it stays open, though. Getting arrested is a bitch and the first (and hopefully last!) time can be psychological torture.

 

[Jibult]

Oh! And in the future, never, ever, evereverevereverever EVER give yourself up. Even if it's the most obvious thing in the world, do not incriminate yourself! You never know what technicality a lawyer might be able to find with the initial stop, the conversation between LE and yourself, the investigation itself, how the evidence of the crime you've been accused is handled, how your person is handled in police custody...

But when you tell them straight up, "Yeah, I got some weed and I know it's illegal" then you're helping the arresting officer give the DA/SA an open-and-shut case. The burden of proof lies on the state... don't ever help them in that endeavor when there's a chance you'll become a defendant.


If you're trying not to answer and they keep pressing you, just respond that you're finished answering questions without representation present. If they keep asking questions after that just clam the fuck up and tell your lawyer/public defender exactly how the scene played out once you meet them. Don't leave anything out. Even if you tell your lawyer you're guilty as sin, in my experience they're still going to work their ass off to ensure your money was well spent-- but lying to/omitting information from your lawyer in many ways can be worse than lying to a police officer.

 

[Euphio]

Honestly I wouldn't be too worried if I was you. The MAX penalty is $1,000, and this is your first offense. I think you'll end up with a fairly small fine. Also, it is helpful that you were upfront with the officer. If the officer is in court, he will probably mention this. In my opinion, if you're absolutely busted cooperate as much as possible without getting yourself in more trouble. It's helped me a few times.

Then again, I'm no lawyer and my state is generally more relaxed about marijuana than Idaho. I just can't imagine anything too serious for a first weed offense. I think you'll be ok with a public defender.

In the future, I'd recommend not driving with weed or paraphernalia at all. If you must drive somewhere to smoke, just take what you know is going to be smoked soon (like only the joint, for example)

Good luck!

 

[Jibult]

Honestly I wouldn't be too worried if I was you. The MAX penalty is $1,000, and this is your first offense. I think you'll end up with a fairly small fine. Also, it is helpful that you were upfront with the officer. If the officer is in court, he will probably mention this. In my opinion, if you're absolutely busted cooperate as much as possible without getting yourself in more trouble. It's helped me a few times.

Then again, I'm no lawyer and my state is generally more relaxed about marijuana than Idaho. I just can't imagine anything too serious for a first weed offense. I think you'll be ok with a public defender.

In the future, I'd recommend not driving with weed or paraphernalia at all. If you must drive somewhere to smoke, just take what you know is going to be smoked soon (like only the joint, for example)

Good luck!

My first offense I was caught with a single roach on me (maybe 0.1g) and ended up on on probation for 3 years, underwent 6 months of drug classes and spent a night in our local juvenile center, so yeah, your mileage may vary here, BattlePope. (I went public defender. My folks refused to help and I had no income so I went with the only viable option.)

My second offense I got hit with minor (under 21) in possession of alcohol, possession of marijuana, paraphernalia, and my buddy got hit with distribution. 2 years unsupervised probation, 4 months treatment program. (Defended myself. Again, no income but I didn't want to deal with anyone from the Office of the Public Defender here in SoMD ever again).

Third offense was possession of alprazolam, possession of hydrocodone, possession of codeine, possession of promethazine, possession of marijuana, paraphernalia (4 felonies, 2 misdemeanors). This one I got a lawyer for and ended up happier than I would've ever imagined possible. Lawyer pled guilty to paraphernalia on my behalf, everything else was nolle prosequi'd and I walked out of the courthouse a free man after paying my $100 paraphernalia fine.



Lawyers help. Not having a lawyer might not hurt you but it certainly won't help your situation in any way whatsoever.

 

[shimazu]

Idaho Code Ann. § 37-2738 Web Search
Judgment may be withheld if the offender has no prior felony convictions, convictions for driving under the influence, or convictions for possession, sale, or cultivation of a controlled substance, the offender has been cooperative with law enforcement efforts for drug-related crime, and the court believes that they will complete the terms of probation. When a person pleads guilty or is found guilty of possession, sale, or cultivation, if they are granted a probationary period, it will include a minimum of 100 hours of community service.

youre probably just going to have to pay fines / community service if it isnt dropped outright

get a lawyer or pay me 100 dollars an hour to google idaho drug laws I can do that for you

 

[Captain.Heroin]

Oh! And in the future, never, ever, evereverevereverever EVER give yourself up. Even if it's the most obvious thing in the world, do not incriminate yourself! You never know what technicality a lawyer might be able to find with the initial stop, the conversation between LE and yourself, the investigation itself, how the evidence of the crime you've been accused is handled, how your person is handled in police custody...

But when you tell them straight up, "Yeah, I got some weed and I know it's illegal" then you're helping the arresting officer give the DA/SA an open-and-shut case. The burden of proof lies on the state... don't ever help them in that endeavor when there's a chance you'll become a defendant.

What Jibult said; most people in jail (not all of them, but the vast majority) talked their way into there. Well over 90% of all criminal convictions come from what you say in the first five minutes during a law enforcement encounter.

You never have to answer a law enforcement officer's questions (beyond what your name is depending on what state you live in). Especially questions like "Do you know why I pulled you over?", "Where are you coming from?", "are you carrying any illegal drugs?"

You arrest yourself if you do not remain silent. You have the right to remain silent, and that's not a right to be taken likely.

What you should do: remain calm, and breathe. Keep your hands where the officer(s) can see them. Practice saying these phrases:

I do not consent to a search.
I'm going to remain silent.
I want to speak with my lawyer.

Never participate in casual conversation with the police. If you're stopped on the street by a cop, ask "Am I being detained?" Most of the time, when a cop starts talking to you in a casual way, they don't have enough evidence to arrest you - yet. Don't answer their questions. If you are not being detained, walk away.


If you are being detained, ask why, and remember the officer's name, as well as repeating:

I do not consent to a search.
I'm going to remain silent.
I want to speak with my lawyer.

 

[MountEdenDubstep]

Sometimes the best way to handle things is to do them. Prison is a terrible place, and no one should have to go there. Fight as much as you can.

 

[twotoomany]

I do not consent to a search.
I'm going to remain silent.
I want to speak with my lawyer.

"Am I being detained?"




I do not consent to a search.
I'm going to remain silent.
I want to speak with my lawyer.

All of this^^^^. Don't give them anything. Be polite, but firm. Know your rights. Obviously this is US only advice. Don't try anything of the sort it some other crazier ass country, unless ya wanna get tortured.

 

[Jibult]

Obviously this is [United States] only advice.

I'm glad you pointed that out. I didn't even think to specify but you're absolutely right to. I'd feel terrible if somebody outside of the United States followed any advice in this thread that foreign law enforcement might consider a challenge to their authority.

 

[BattlePope]

Okay, thanks guys. Out of curiosity, if they have probable cause (strong weed odor coming from the car), do officers have the right to search my car without a warrant? I know that they can't search my trunk without a warrant but could they search the actual car (the cab of the car where the seats are)? Was just wondering because my friend in the back had an eighth. Also, if they can search the cab of the car, and they find weed, can they then search the trunk? Or do they still need a warrant?

 

[Captain.Heroin]

Okay, thanks guys. Out of curiosity, if they have probable cause (strong weed odor coming from the car), do officers have the right to search my car without a warrant? I know that they can't search my trunk without a warrant but could they search the actual car (the cab of the car where the seats are)? Was just wondering because my friend in the back had an eighth. Also, if they can search the cab of the car, and they find weed, can they then search the trunk? Or do they still need a warrant?

^ you can still say you don't give them consent; it doesn't matter whether they are allowed to or not, because simply, the cops have guns, and they will do what they want to.

Cops have stolen from people, they have beaten/sexually assaulted/tortured people, they have planted evidence on people, despite all of these things being illegal and highly immoral in every way possible.

The important thing is to assert your rights. What a cop wants to think is probable cause, and what actually constitutes as probable cause, can be two separate things.

On a scientific level, the smell of weed can't be differentiated from other plants by the human nose. Studies have proven this.

 

[thesameoldfears]

On a scientific level, the smell of weed can't be differentiated from other plants by the human nose. Studies have proven this.

Really? That's super crazy. Cops are always saying they smell weed. The two times I've gotten pulled I happened to be stone cold sober and they insisted I was smoking and/or drinking. And when I crashed my car, also sober, they didn't believe I was sober until they did a blood test at the ER, they kept claiming my pupils weren't reacting to light correctly. I was like I believe the sheer terror of crashing down a mountain and being trapped in a smoking car might have something to do with it, I don't know.

 

[nekointheclouds]

Get a lawyer, dont seek legal advise from druggies.

/closed