Bottom line me and my two friends coming home from weekend get a way. Got pulled, cop found pot and bowl. Court date is coming up soon need some options. Is it possible to use my prayer for judgement on this type of ticket? This is also a first offense deal, so if I go in there and just plea guilty will there just be a fine and maybe some drug classes? If anyone has any past experience in this situation, your help is greatly appreciated.
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Drug Crimes, Substance Abuse Got a possession ticket need a couple questions answered
- Thread Starter spitfire
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mightymoose
Moderator
Don't plead guilty. Plead not guilty and request a public defender to represent you. Don't do anything without legal counsel. Your sole purpose at the hearing should be to obtain legal counsel, nothing else.
bluemann33
New Member
Yea, your attorney will have a far better option to work something out for you like a differed sentence. Good luck.
if their are no damages stated in the court record (the complaint), the court will lack subject matter jurisdiction.
the alleged plaintiff does not have a vaild cause of action for a court to hear. No legal standing.
Standing is required in civil and criminal actions.
A valad cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a court action.
Examples are: breach of contract; torts such as injury, damages, fraud, slander; suits at equity. - (P.S. people cant be forced into courts or equity)
"Cause of action" encompasses both the legal theory of what legal rights of the plaintiff (in this case the government) were violated and the remedy to compensate the plaintiff for that wrong.
The points a plaintiff (the State) must prove to win a given type of case are called the "elements" of that cause of action. The elements are (existence of a) duty, breach (of that duty), causation (by that breach), and damages (incurred by the plaintiff). If a complaint does not allege facts to support every element of the cause of action it describes, the court will dismiss the complaint for failure to state a claim, for which relief can be granted.
See and understand what legal standing means.
This just in from the golden state: California marijuana possession is reduced to an infraction. In a bill signed into effect by Governor Arnold Schwarzenegger on Tuesday, possession of marijuana up to one ounce has been reduced from a misdemeanor to a civil infraction. The new rules will go into effect January 11, 2011.
mightymoose
Moderator
You seem to be fond of that defense. It is not one size fits all.
In this case, this is a crime against the people of the state and the legitimacy of the offense is incredibly well established.
mightymoose
Moderator
You understand wrong. It depends on the circumstances. An officer can legally possess contraband when it has been confiscated from someone else, and there is a specific procedure for processing and documenting what it was and where it went.
An off duty officer outside the normal scope of employment has no legitimate purpose with contraband, nor does an on-duty officer under certain circumstances.
An officer has a very powerful thing called discretion- he has the ability to determine the circumstances and decide whether or not to take action, and what action is appropriate to take. To say that the officer "can't" take action is entirely false.
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