Alcohol & Drugs: MIP, MIC, Intoxication Misdemenor: Possession of marijuana and paraphanalia

[katric7]

I am 27 years old, I live in Michigan and got pulled over in Indiana for speeding. I got a warning for the speeding and two misdemeanors, one for possession of marijuana(less than 10grams) and one for possession of paraphanalia(one small glass pipe), both were in my pocket on my body.

I have had two previous offenses for the same thing more than five years ago and told that to the police officer, and when the officer checked my record he said it was clear.

When I go to court, if they ask me if I have committed previous crimes, what should my answer be, (since my record is supposedly clear?)?

Why did my record show up clear?

Should I get a lawyer or just plead guilty or stand quiet, etc.?

Will my probation, etc. be in Indiana(where it happened) or Michigan(where I live)?

Most importantly, what punishment should I expect to receive for these crimes?

I have to go to magistrate court first, what is this?

Thank-you for any advice on these questions.

 

[katric7]

P.S. - Will the judge know that I committed the crimes previously, the two times more than five years ago?

I don't want to lie in court, but I do not want to tell them about my previous crimes if they don't know about them.

 

[Scooterdog]

My question?: how the f-did they get in the car?

I would like to see the law in which the went under. God would I

 

[katric7]

The police officer said he smelled it, so since it was on my body, I allowed them to search the car. When they wanted to search me, I did not give them permission, so they said they were taking me to jail, at that point they searched me and found the stuff.

 

[seniorjudge]

My question?: how the f-did they get in the car?

I would like to see the law in which the went under. God would I

The Fourth Amendment to the Constitution of the United States.

 

[seniorjudge]

P.S. - Will the judge know that I committed the crimes previously, the two times more than five years ago?

I don't want to lie in court, but I do not want to tell them about my previous crimes if they don't know about them.

If you plead guilty or are found guilty after a trial, then your past will be revealed.

 

[Scooterdog]

The Fourth Amendment to the Constitution of the United States.

I think you have that wrong. The Fourth amendment bars these bs searches. How signed a felony criminal complaint? Nobody of course. I've posted some of the newest cases on this site pertaining to these non-legal searches.

 

[seniorjudge]

...The Fourth amendment bars these bs searches...

Let me post the Fourth Amendment; you will be instructed thereby:


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[katric7]

Do you think I should get a lawyer?

Does anyone have any answers to my first post of questions?

If I plead guilty and they see my previous crimes that are off my record will my punishment then be more harsh?

Or since they are off my record will I be punished like it is my first offense or my third?

 

[seniorjudge]

Q: Do you think I should get a lawyer?

A: Yes.



Q: Does anyone have any answers to my first post of questions?

A: I answered them in a prior post.



Q: If I plead guilty and they see my previous crimes that are off my record will my punishment then be more harsh?

A: The previous crimes are not off your record; whether they will enhance your current charge is something you should ask your lawyer.



Q: Or since they are off my record will I be punished like it is my first offense or my third?

A: See answer above.