Drug Crimes, Substance Abuse Summons for Possession of Marijuana in Farifax County, VA (but there's a twist)

[ctrftkid]

Good Morning,

So last night, as my best friend and I were enjoying some delicious Blueberry (marijuana strain), I noticed a reappearing light every few seconds. To my dismay, it was in fact a Fairfax County Police Officer. So, I got out to check my car as though I was working on it, and he pulled up, walked over to me, and asked me if everything was ok. I said yes, and his next statement was, I smell burnt marijuana. I said I don't have anything to say about it, so he took my license, my friends license, told us we were being legally detained, and proceeded to search the car. The officer found:

-A portable rolling kit, complete with roach tips, and a one hitter (never used and residue free. I also believe the kit itself was clean...for the most part)
-A drenched marijuana "blunt" (cigarette rolled from a cigar leaf for those who don't know)
-Some marijuana bits
-A few cigar wrappers
-A large bag with the most miniscule bits of marijuana

*None of which he field tested, because he did not have a field test kit. He says they will be sent to the state lab for testing

SO, upon finding everything, he again took a stab at a confession, and both of us maintained our demeanor. He said he was going to write a summons for the both of us. Not wanting my friend to catch a second marijuana possession charge, I took the heat for everything. I was still issued a summons for possession of Marijuana, but signed on the "Ill show for court" line, not the "I'm guilty" line. I would like to know, if possible:

Do you have to be mirandized when you are "legally detained?" because I was not.
Am I able to get a copy of the state lab results prior to my hearing?
Basically, how can I beat this myself?

Any help would be greatly appreciated.

Thanks

 

[army judge]

No, you don't have be given Miranda Warnings if you've been detained.

You can eventually see the lab results, or your attorney can obtain them.

Plead not guilty (little late now) but your confession/admission will be your problem.

You should have just remained silent.

You started out well, but you caved.

You're innocent until proven guilty.

Your admission helped seal your doom.

Going forward plead not guilty and hire a lawyer, or ask the court to appoint one to assist you.

A lawyer might be able to help you.

You've proven your ineptitude in that regard already!

 

[ctrftkid]

I KNOOOOWWW!!!!! Please don't remind me of my ineptitude.

Even the officer said, verbatim, "You're doing your boy a solid. 95% of people wouldn't be doing what you're doing right now"

That's my best friend of 13 years, and a friend of the "ride or die" variety, so I don't have any qualms about helping a friend out in that sense, but I know that now the legal trouble has become my own.

Could I,myself, if I said I was representing myself, view the lab results prior to the hearing?

Still, any info would be appreciated.

 

[army judge]

You can ask the prosecutor to see the results, but some prosecutors refuse to release that information to defendants. You have a right to see it, but why? You smoked the "good weed" by your own admission.

You know it was dope, don't you? See, that proves you're inept and ill equipped to serve as your own lawyer. Plead not guilty, keep your trap shut, and ask the court to appoint a lawyer for you (or hire your own).

But, you've already convicted yourself by admitting to the offense. By the way, what is the theory of your defense?

 

[ctrftkid]

Army Judge,


I know. I put myself in a hole. I'm hopinh one of two things (or both) happen. I have to get the hearing moved because it's on my mother's birthday. I'm hoping either the officer does not show up, or that the evidence (the drenched blunt in question) is ruined, and that it will not test positive. Other than that, if I plead not guilty, what are my chances of getting this dropped?

Again, that is a big hope, and if that does not come through, I'll do whatever it takes to keep this off my record. As a future teacher, it's not the greatest look.

 

[army judge]

You need to stop smoking that crap.
It isn't legal.
You see the trouble it brings.
Also, you'll be subjected to drug testing one day soon.

Okay, do the right thing.

Don't expect the officer not to appear.
That's foolish thinking and very childish.
The cop rarely fails to show.
And, if the cop does fail to appear, things are just rescheduled.

Plead not guilty, admit to nothing, and ask for the court to appoint an attorney to represent you (or hire your own).

In the interim, don't do anything illegal.
Most of all, stop smoking (or using) any illegal drugs.
This will eventually go away, if you follow my interim advice.
Your attorney will make the rest happen.

Now, here's the dirty little secret. For this type of crime, the lab results aren't really required. The officer's observations and your confession are enough to convict you.


But, this is a low level nothing offense, of you play your cards correctly!

 

[mightymoose]

Do you have to be mirandized when you are "legally detained?" because I was not.
Am I able to get a copy of the state lab results prior to my hearing?
Basically, how can I beat this myself?

Miranda was not required in this situation- assuming that you were just detained. Were you handcuffed or placed into a police car? That could potentially change things, but not likely.

It sounds like this was not a traffic stop. Where exactly did this happen? Your car was parked at the time you were contacted? Where was your friend? Still in the car? Was the car locked? Were the windows up? Did the officer ask you for permission to look inside the car?

As for beating this, no, you won't likely have much success yourself. Hire an attorney or make use of the public defender. Your best way out of this, if there is a way, is to make an issue of an unlawful search (which it may have been depending on your answers to the above questions).

 

[ctrftkid]

Hey Mighty Moose,

Thanks for your response. To answer everything:

Were you handcuffed or placed into a police car? No. After he said he smelled burnt marijuana he had me sit back in the car, and then asked me to step out again, said we were being legally detained, and patted us down. No handcuffs, no squad car.
Where exactly did this happen? The parking lot of the Lorton Train Station, a public venue, so I was not trespassing
Your car was parked at the time you were contacted? Yes
Where was your friend? The passenger seat
Still in the car? My friend was. I had gotten out to look under the hood. The car did have a problem, but I was hoping that would have diverted the officer away
Was the car locked? It was unlocked because of the fact that I got out
Were the windows up? Yes
Did the officer ask you for permission to look inside the car? He said he was going to search based on the fact that he smelled burnt marijuana. There was no formal request to search the vehicle.

 

[mightymoose]

You can try and argue as I suggested... don't know if you will get anywhere with it.
With the doors closed and windows up you can argue that the officer could not have reasonably smelled what was inside (though he will say that he smelled it on you). I would argue that he then had grounds to check you, but not necessarily the car.

Your failure to stop him from searching the car amounts to implied consent. Had you said "no", then your argument would be way better. Most people don't realize that saying "no" to the police is an option, but it absolutely is. They may still go ahead and do what they want anyway- but then at least you have your argument to make.

You need to speak with an attorney about this and go over the details of how this all went down. With your vehicle parked in a lot, you outside of the vehicle, and the windows up, I think you can make a reasonable argument about the officer's search- but your failure to stop him from searching might be your undoing.

Also, I'm not sure about his little trick of having you get back in the car... once the door was open he could say he smelled marijuana from within. You really need an attorney to hash it over if you want to defend this... get a free consult from someone that offers it. I wouldn't expect a public defender to be able to put sufficient time into this for you, but you never know.