Alcohol & Drugs: MIP, MIC, Intoxication I need some help

[huedo]

Yesterday i was walking down the street on my way home when a sheriff pulled me and two friends over for no reason. While pulling us over he had asked if we had any drugs or anything illegal i told him i had a small amount of marijuanna on me. While he was searching me he discovered it . It was in a medical bottle in 5 small baggies just as i had bought it. While searching me he also found about 100 $ in small bills one dollars 5 10s an 20 etc which i had recieved for school clothes shopping from my father... I was released last night after recieving a citation which states 11359 H.S. Possession of marijuanna for sales. The sheriffs have kept my money and are "using it as evidence" even though my parents told them they gave me it and also charged me with possession for sales. I am no drug dealer and i need some help because i have no idea what to do. Im 16 i just got off probation in feb. and right about now the whole worlds looking against me. I'm not an angel but i wasnt selling drugs and unfortunately thats the way it looks. What can i do ?

 

[CdwJava]

Ask mom and dad to hire you another attorney. if they cannot afford one, one should be appointed for you by the court at your first appearance.

Why did mom and dad just up and give you $100? I know I don't just hand out that kind of money to MY kids!

The packaging is consistent with sales, and the money is also an indicator of sales. Unless you work and just got cased your check, what are the odds of someone your age walking around with that money? Sure, it's not proof of ill-gotten gains by itself, and it is very likely that you will receive that money back ... however, depending on the outcome at trial, you may forfeit that money.

- Carl

 

[huedo]

Thank you for your response really it helps me out. I dont care about the money i'll wear my clothes from last year i just dont want to be charged for a crime i didnt commit and im scared that they wont care. I've read about the code i got charged with and the time sentance and it's getting me you know i wouldnt mind getting in trouble for possesion but sales is completely different is there even anything i can do about this ?? I tried to tell the officers and really they didnt care they knew it was a small ammount but the cops over here arent legit. Is it even legal for a sherriff to pull someone over for nothing ?? I was just expecting a how u doing sir you know but they started searching me and everything.. for no reason ?

 

[CdwJava]

I tried to tell the officers and really they didnt care they knew it was a small ammount but the cops over here arent legit.

What does it mean that they "arent legit"? You had marijuana packaged for sales - and money ... that's enough to sustain the charge. Whether the DA files on the sales charge is another story, and only time will tell on that account. But, the charge is perfectly justifiable and I'd do the same.

Is it even legal for a sherriff to pull someone over for nothing ??

They didn't pull you over - you were walking. If they ordered you to halt or come to them, then that was a detention and they would have needed some minimal cause to do that (this doesn't take a lot - and if you were out after curfew, or someplace you shouldn't have been, that would do it). If they pulled up and asked if they could speak to you, and you complied, that is a consensual contact and perfectly lawful.

I was just expecting a how u doing sir you know but they started searching me and everything.. for no reason ?

Your attorney can attempt to challenge the search in court ... I wouldn't count on it, because I suspect that something keyed them to what was going on. But, he can certainly try.

What do your folks think of your dope smoking?

- Carl

 

[calalily]

Google Drug Court and your state and city's name. A lawyer will probably try and get the charges reduced but you definately need a lawyer as soon as possible. What city and state are you posting from?

 

[huedo]

"What does it mean that they "arent legit"?"
These cops just dont care about anything...
"Is it even legal for a sherriff to pull someone over for nothing ?? "
they had no reason i was just walking home it was day time i didnt break any law or anything they didnt ask me anything they just started searching my friend and then they started going through my pockets and i told him i had some marijuanna well they dont like it they actually probably hate it but im their son and they dont hate me there just really mad because of what happened u know ? they didnt know i was even smoking but i have a problem and i can admit it.
Covina,CA

 

[CdwJava]

"What does it mean that they "arent legit"?"
These cops just dont care about anything...

Apparently they cared about the law and about drugs use and sales. That sounds "legit" to me.

"Is it even legal for a sherriff to pull someone over for nothing ?? "
they had no reason i was just walking home it was day time i didnt break any law or anything they didnt ask me anything

So ... let me get this straight ... the deputy got out of the car, walked up, and immediately jammed hands into your pockets?

I doubt it.

They need reasonable suspicion to detain you (a minimal standard, and they don't have to tell you what it is), and they need no cause to contact you and ask questions.

then they started going through my pockets and i told him i had some marijuanna

THAT statement gave them almost all the cause they needed to detain and search even further.

well they dont like it they actually probably hate it but im their son and they dont hate me there just really mad because of what happened u know ?

And what punishment have you received from your parents?

I know that I would still love my children if they were caught with marijuana, but the possible legal penalty would be NOTHING compared to the punishment they would receive at home.

they didnt know i was even smoking but i have a problem and i can admit it.
Covina,CA

So, what are you and your parents doing about it to make sure you do not smoke, use, buy, or sell drugs again?

- Carl

 

[huedo]

"So ... let me get this straight ... the deputy got out of the car, walked up, and immediately jammed hands into your pockets?" actually thats exactly what he did put my hands on his hood and asked me. Honestly carl i am not lieng to you i wouldnt be here asking for legal help if i felt i didn't need it and knew i was guilty but and in this situation i know i am not for possessing marijuanna ill take the fall for possessing for sales isnt me and honestly the way you make it seem it looks like another innoncent is gonna be charged with a crime they didnt deserve... I have no idea whats gonna happen So far im grounded cant leave cant do anything without my parents watching me. The only thing I would see was it was three mexicans walkin down the street 2 with wife beeters a bike and 1 with a white t. and honestly it might sound weird but thats really what went down.. So cal police... are different then Nor cal.

 

[CdwJava]

"So ... let me get this straight ... the deputy got out of the car, walked up, and immediately jammed hands into your pockets?" actually thats exactly what he did put my hands on his hood and asked me.

Well, the arrest report will state why he felt the need to contact or detain you. Chances are it will be valid. But, if your parents are going to pay the $1,500+ for an attorney, the attorney can challenge this if he feels it's possible.

sales isnt me and honestly the way you make it seem it looks like another innoncent is gonna be charged with a crime they didnt deserve...

It's a matter of packaging. People who purchase for personal use don't tend to buy it in several small packages and have so much cash on them. Oh, and GIVING it away to your pals is effectively the same offense as selling it. So even if you were planning to share it, you can go down the same way.

So cal police... are different then Nor cal.

Not too much ... I WAS a so cal cop before I moved up north.

- Carl

 

[huedo]

I see honestly my parents dont have 1500$+ i didnt share my weed i didnt give it to no one i had just bought it from the corner store before i got pulled over for 50$ an thats how it came. The packaging i understand makes it seem as if it was drug sales but the money was givin to me buy my parents which they even told the police.. So if i just got that money to get clothes and i happened to get some weed that's supposed make me a drug dealer because i had a small ammount of cash? honestly sir im sure you encountered your share of problems but truthfully this is far beyond what really happened and im guessing its more than likely that i will be charged with sales. thank you for your help but i have no idea what the hell i can do now.

 

[CdwJava]

They will probably plead to possession which allow you to take probation and counseling. It's doubtful they will pursue the sales charge, but it IS possible.

If your parents cannot afford an attorney, one should be appointed for you after the first hearing.

- Carl

 

[huedo]

thank you carl for all your time and help