Alcohol & Drugs: MIP, MIC, Intoxication Marijuana

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parapetenia

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Last night after a friend had been had been caught with possesion of marijuana. He was issued a ticket, of which had to be signed. He then returned to our dorms to tell us the story. Because of a prior offence he will be sentenced for 90 days in jail. When he told us this we said we would smoke one last bowl. We went down to a friends room where we regularly smoke with a fan going, damp towels under the door and a bottle of long lasting time release fabreeze. When we were done smoking, we watched tv. About 25 minutes later there was a knock at the door. We looked through the peek hole and saw no body. The resident of this peticular dorm opened the door to be greeted by two police officers. I was right next to him when he did this. When he opened the door, it hid me behind the door. Two police officers saw the previously offending friend and mentioned that they had already read him his rights that night. They then asked if they had been smoking, they said yes (the police had not yet seen me). The police then proceeded to read our rights in search and siezure. After which I made my presence known. After they read this the previously offending friend handed them a bag with about 1/16 of an ounce of marijuana. One of the police officers then asked for identifaction. We all gave it to him. They then asked if any of us were the resident of the room. My friend, the resident, said he was. They then asked him to step into the hall and talk. One of the police officers stayed in the room and looked around lifting pillows and such until finding a pipe on the tv and he asked who it belonged to. Not thinking I said my friend the resident's. After which he proceeded to read us (the previous offending friend and myself) our rights. After which he stated that he would like to question us. He noted that we had the right to have an lawyer present and if we wanted this. My friend said he wanted a lawyer present and I said it would answer questions. He then say a pipe on the tv and asked who it belonged to. Not thinking I said my friend the resident's. He then asked me to step into the hall to talk. Once there he asked me if I had "been smoking tonight?", of which I said yes. He then asked, "Out of what?". I said the pipe he was holding. He said thank you and told me to go sit down in the room. I did. He then asked the duel offending friend who all was smoking. He said he was. The officer then asked if anyone else was. He said nothing. The officer then turned to me and asked who all was smoking. Because everyone had already admitted to it, I said everyone had. He then exited the room and ten minutes later the resident of the room entered the room followed by the two officers. They then told us that if it were up to them we would be going to jail but that they were booked and therefore couldn't. He then told us that in a few days we would have a notice of summoning sent to us by mail and that we would have 14 days to set up a court date. They then left. The resident then told us the officer had outside told him he was under arrest but was never read his rights.

Every person I know that has had done some illegal act (including marijuana possesion) and was brought before a judge said they recieved a citation of which they had to sign upon recieving. We were given nothing. I know that one of the police officers had previously citied the one friend earlier that night for possesion and he recieved a ticket that he had to sign. We weren't. Do we have a chance for a dismissal?

Thank you,
Jason

If you feel I have left out anything please just ask. I also live in Washington State if that matters.
 
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I don't know procedure in Washington State regarding how minor criminal violations are handled and whether your not it is required to be issued a citation immediately. Perhaps what was said was done to scare you. Perhaps you will receive a summons to appear in court to testify rather than be charged. I don't know.

Note that you were not arrested. All of you voluntarily provided the information and admissions for which you were charged. Nobody twisted your arm and the "miranda warning" was not required, at least not that I can see. Perhaps opinions may differ.
 
Thank you

I am talking to a lawyer later today. I appreciate the information you gave me and will take it into consideration. Once again thank you.

Jason
 
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