Drug Crimes, Substance Abuse Urgent**** Possesion of mari/paraphelenia

[pruu23]

STORY: Okay so im riding with my friend to the gas station to grab a dutch. When all of a sudden i get pulled over by a Detective. As they approach my car i had a small clip so i decided to eat it. Then immediately inserted a gum in my mouth to cover the smell. The cop ask me what i put in my i told him gum. He told me to open my mouth the gum was black with tabacco residue on it from the dutch. Immediately im pulled out and placed cuffs on me. Then they search my friend. WE HAD NOTHING IN THE CAR. As they begin to search my whole car i remember " My Bullet (pipe) is in my bookbag". They eventually found it. I was released with a PTA for 1)possesion of marijuana and 2)possesion for paraphelenia. I am aware how lucky i am for not being charged with tampering (thank god).


Question: I live in florida, Now i have never ever been in trouble with law. No tickets no nothing. I work at a school were they do local backround checks every school year. Im worried sick out my mind because i stress things alot thats how i am.. All my friends tell me "ull be okay its a slap in the wrist". Thing is i dont percieve it this way i DO care about my future and currently attend college full time. Should i hire a lawyer and hope to get the charges dropped/dismissed? Will this still appear on my record? Should i just try my luck hope the detectives dont show up and charges det dismissed?

What do i do? Im a good kid and sucks that we need to learn things the hard way sometimes.

Additional info: On the PTA he wrote the pipe was in center console in plain view, obiouslly a lie could this somehow help me in court? Also they took no marijuana because i had none just the dirty gum as evidence and still charged me with poss. of marijuana..

Thank you in advance for anyone taking thier time to help me...

 

[army judge]

Plead not guilty and ask the court to appoint an attorney to represent you (or hire your own).

Do not discuss this case with anyone.

That means no one.

If you're smart, delete the details in your top post.

STOP using any and all illegal substances.

Good citizens don't break the law.

Again, I repeat, stop discussing this with anyone, but your attorney.

Plead not guilty.

Do not break any laws, and don't use illegal drugs.

Remember, stop discussing this and don't admit to anything.

Get some new friends, and don't associate with any of the others that were with you on that very, bad day!!!

 

[pruu23]

I will not admit to anything but the pipe is thier as evidence.. What will happen

 

[army judge]

I will not admit to anything but the pipe is thier as evidence.. What will happen

Do not admit to anything.
You don't have to say anything.
Only a fool says anything.
You have the right to remain silent.
You'd be wise to use that right, all of your rights.
You are also not required to incriminate yourself.
You asked for legal advice.
I gave you legal advice.
Now you want to offer your version of that advice.

If you change one element of the fine (free) legal advice I've given you, you sign your conviction.

I've never had one client get convicted of anything.
Do you think that happened by accident?

Good luck.

 

[mightymoose]

He told me to open my mouth the gum was black with tabacco residue on it from the dutch.

You should have said no. There isn't much he could do but cry about it.

Then they search my friend.

Did your friend consent to the search, or otherwise inform the officers that he did not want to be searched? I bet he did without realizing it.

As they begin to search my whole car i remember " My Bullet (pipe) is in my bookbag". They eventually found it. I was released with a PTA for 1)possesion of marijuana and 2)possesion for paraphelenia. I am aware how lucky i am for not being charged with tampering (thank god).

Did you consent to the search of your vehicle or the search of your bookbag? Did you at any time tell them to stop searching? Your bookbag, assuming it was closed, should not have been opened without your permission. You didn't tamper with anything- at least not in your description here.

Should i hire a lawyer and hope to get the charges dropped/dismissed? Will this still appear on my record? Should i just try my luck hope the detectives dont show up and charges det dismissed?

You don't need to hire a lawyer if you don't want to. Wait until your first appearance in court and request the services of the public defender. If at any time you are unsatisfied with the performance of the public defender you can get a private attorney. I think a public defender could EASILY make this entire thing go away by questioning the search- especially if the search was based upon the appearance of some unknown substance mixed in the gum in your mouth You should be able to escape this with no consequences. Plead not guilty and don't accept any plea offer unless you are actually guilty of something and your attorney is making the recommendation to do so.

On the PTA he wrote the pipe was in center console in plain view, obiouslly a lie could this somehow help me in court? Also they took no marijuana because i had none just the dirty gum as evidence and still charged me with poss. of marijuana..

Two reasons that any semi-competent attorney should be able to make this all go away.

 

[pruu23]

You should have said no. There isn't much he could do but cry about it.



Did your friend consent to the search, or otherwise inform the officers that he did not want to be searched? I bet he did without realizing it.



Did you consent to the search of your vehicle or the search of your bookbag? Did you at any time tell them to stop searching? Your bookbag, assuming it was closed, should not have been opened without your permission. You didn't tamper with anything- at least not in your description here.



You don't need to hire a lawyer if you don't want to. Wait until your first appearance in court and request the services of the public defender. If at any time you are unsatisfied with the performance of the public defender you can get a private attorney. I think a public defender could EASILY make this entire thing go away by questioning the search- especially if the search was based upon the appearance of some unknown substance mixed in the gum in your mouth You should be able to escape this with no consequences. Plead not guilty and don't accept any plea offer unless you are actually guilty of something and your attorney is making the recommendation to do so.



Two reasons that any semi-competent attorney should be able to make this all go away.

Thank you so much you just answered alot of questions. What I was really looking for! If the defendant can make this go away will this appear still appear on my record any way? Or will it be as if it never happened?

Also if I get offered a pti/diversion that will get my charges dismissed should I take it. rather than pleaing "not guilty" and getting the lawyer. (maybe I'm not saying that make sense. Please correct So I can be informed)

 

[mightymoose]

If nobody is convicted of a crime then there is no record of anything.
If you accept diversion then there should be a record. You will want to discuss your options with your attorney.

For now all you need to do is plead not guilty and either hire a lawyer or request the court appoint one for you. After your attorney reviews the case you will have a chance to decide how you want to proceed.

When you speak with your attorney you will want to make clear the location of the pipe in the bookbag versus the location given in the report, and whether or not the bookbag was closed.

If the officer actually kept your gum as evidence it won't do a bit of good unless you admit what the substance in the gum is, or unless they managed to get it tested. I would bet that nothing was done with the gum, so unless you say something stupid you should be in the clear. Hopefully during your initial contact with the police you did not admit to anything.

 

[pruu23]

If nobody is convicted of a crime then there is no record of anything.
If you accept diversion then there should be a record. You will want to discuss your options with your attorney.

For now all you need to do is plead not guilty and either hire a lawyer or request the court appoint one for you. After your attorney reviews the case you will have a chance to decide how you want to proceed.

When you speak with your attorney you will want to make clear the location of the pipe in the bookbag versus the location given in the report, and whether or not the bookbag was closed.

If the officer actually kept your gum as evidence it won't do a bit of good unless you admit what the substance in the gum is, or unless they managed to get it tested. I would bet that nothing was done with the gum, so unless you say something stupid you should be in the clear. Hopefully during your initial contact with the police you did not admit to anything.

Thank you so much for your time very appreciated it. I now know what to expect and how I should approach the situation. I never admitted to any thing and the report is just full of assumptions and lies. He was just mad he could not bust me for anything major. Also should I keep in contact with person I was with, will he be any use as a witness in this case? The guy is just an acquaintance and maybe I should let him know something incase I will need his help?

 

[mightymoose]

No reason why you can't keep in touch with your friend... but if he wasn't charged with anything there is no reason for him to be involved in your case.