Busted....Yeh Another One...

I'm a NJ resident if that helps at all and I'm not a minor

The police caught me and a friend smoking weed (I messed up I know) but the blunt was not on me rather in a place nearby. and I had nothing else on me other than an empty black and mild wrapper. We admitted to it because they would've just tested it anyway. They took us in and then released us. Now I'm scared out of my mind.

My questions are:

- Is it an invalid search if they searched the area around me? (I read somewhere it was)

- Should I plea guilty or not guilty?

-Will I get a prison term? (Other than 1 seatbelt violation I have a clear record)

-Do they send letters home that would notify my parents? (I already got the summons, so would I get a court notice or something? anything at all that would seem suspicious)

-The cop told me to ask the prosecutor for a conditional discharge which means if i don't break the law again my record is wiped clean.

-Thanks to anyone with answers for me, and your input is much appreciated.

As much as I enjoyed chillin' back and smokin' a blunt with a few friends to relieve the stress of the worst year of my life...I'm afraid I'm never touching the stuff again until it's legalized or I'm somewhere it's legal......sigh...god bless america's laws.....

You will get a few court papers in the mail. First one a preliminary hearing in front of a magistrate where you either plead guilty or not guilty. Second one you get is a notice to appear for an araignment at the court where they hand you your papers saying what charges. Last and most of all you get your actualy courtdate. So, Yes, your parents will see things in the mail from the state addressed to you.

If you plead guilty for that small of an amount, the worst I can see happening is 4 days in prison and a year or two of probation. Either way you will definately get probation and if they are going to try and get you for a DUI you will have a suspended license. That is worst-case and honestly not anything you will have to worry about.

Since this is your first offense, they will probably offer a program for you to complete where you will not go to jail but will be on probation with a suspended driver's license, and your marijuana offense will be wiped clean upon completion, however, IF they ring you up for a dui while high any DUI record will remain. No jail time, however. DO NOT FUCK UP AGAIN BEFORE THIS IS ALL SORTED OUT OR YOU WILL NOT BE OFFERED THIS PROGRAM AND THE CURRENT OFFER OF THE PROGRAM WILL BE REVOKED.

You really aren't in that much trouble. Get a public defender or lawyer to sort it out. In PA, they have a program called ARD where you can essentially lose your record for a first offense and I'm sure in NJ they have the same thing if not very similar. I fucked up and got another DUI before that case was finished and ended up in prison for a few days.

You will get a polic report mailed to you soon with all of the charges the officer is filing against you so it wont remain a mystery for much longer.

Either way you realistically have about 4-5 months before you have to go to court to be sentenced so you can sit easy and relax for a while and figure out what to do until that day comes.

That is so lame, this is the most corrupt thing/law since slavery!!!!

Not guilty,,,there must be possession...

Wow thanks stellar for all the info.

But what if I get PTI (pre-trial intervention)....basically all charges are dropped as long as I don't commit another crime for a year (the thing you were talking about)....do I still get all those mailings?

If so.........damn. I'm fucked. And so is my friend.

And there is no way they can get me on a DUI because I wasn't driving and no where near my car. So there should be no reason to revoke my license.....I hope...

I think I'm going to forward mail to another place for the time being...my goal is to keep this and solve this on my own without the aid of my parents because they will only make things worse. I have adult help and legal advice I just have to go to my court date pray for PTI and say goodbye to that sweet sweet chiba.....too bad the last time was the worst time.

Thanks Again.

i would advise you to bring your parents in on this, as they might be able to help you... they will respect the fact that you came to them.

after all my small bullshit court experiences your best bet is to plead not guilty then bargain with the prosecuter. They can't punish you for exercising a right.

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Originally Posted by 13Lack

Wow thanks stellar for all the info.

But what if I get PTI (pre-trial intervention)....basically all charges are dropped as long as I don't commit another crime for a year (the thing you were talking about)....do I still get all those mailings?

If so.........damn. I'm fucked. And so is my friend.

And there is no way they can get me on a DUI because I wasn't driving and no where near my car. So there should be no reason to revoke my license.....I hope...

I think I'm going to forward mail to another place for the time being...my goal is to keep this and solve this on my own without the aid of my parents because they will only make things worse. I have adult help and legal advice I just have to go to my court date pray for PTI and say goodbye to that sweet sweet chiba.....too bad the last time was the worst time.

Thanks Again.

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1) In PA we have system caled ARD where upon completion yout offense is revoked (as i said). I have not heard of pre-trial intervention, myself, LOOK INTO THAT AS FAST AS YOU HUMANLY CAN
Get a lawyer or get a public defender. DO THIS AS SOON AS HUMANLY POSSIBLE
These people will notify you of what steps you can tak, as soon as you should take them. TALK TO THEM.

I am serious. TALK TO A LAWYER.

Forward your mail IF YOU ARE NOT A DEPENDANT. Meaning that in no point during the trial would you say that you need your parents for income.

you have a lot to be careful about

GET A LAWYER.

TALK TO A FUCKING LAWYER

all a lawyer is going to do is put in a not guilty plead then have a plea bargain with the prosecuter to give you least harsh punishment.

The only thing that a lawyer has over an educated person in the court system is they know the right people.

lol

In this scenario, most lawyers would say plead guilty and take the prgram. There will be no record afterward. A good lawyer or good PD sits down with the DA and shows them what they want to happen to their client or what their client wants to happen. This is not a serious thing like that. We aren't talking jailtime here.

This is not actually a serious case. A PD would definately tell you to plead guilty and accept the program. A lawyer might tell you to plead not guilty if what you tell him makes it sound like he could honestly present the case in a way that makes it look like you didn't do it.

However, you DID confess to the cop. Therefore, you already pretty much fucked up on a not guilty plea. If it goes to trial its Mr cop's word against yours so at this point your smart thing to do is man up, take responsibility for getting caught like you did to the cop, and go through the motions and at the end of them your record is clean anyway. The only reason you want a lawyer or a PD at this point is to know every step you can take as fast as you can take it to get the most lenient sentence available. In this situation where you've already confessed to a police officer, you are going to have to maintain a seamless lie to get off not guilty. You aren't looking for a lawyer to get out of it at this point, imo. You're looking for one for legal counsel so you know all of your options. Honestly I can tell you here and now that pleading not guilty would be an epic hassle and prone to failure as opposed to just pleading guilty and taking the program. In this situation, going with the flow of the law will actually be easier than fighting the current, since you've been offered programs that will get your record cleaned.

Smart people, regardless of how brilliant, don't always fully know or understand state mandatories or all legal proceedings. In this type of case, honestly, look into what they've already told you. Call the court or do whatever to get information about the conditional discharge and do it yourself if you want to. In court, what will happen is you wont even really need a representative unless you plead not guilty and take it to trial. You will just go to court, the judge will call your name, and he will ask you if you completed your program or something. What will probably occur is that the judge says that he sees you are eligible for the program and sentences you to a year's probation and court orders you to complete the program at that time.

If you don't understand all of this stuff you're going to have to do, shell out 50 bucks on a public defender and they will walk you through it. You honestly do not need a lawyer unless you plan on pleading not guilty, which at this point would be most unwise since its entirely possible that the judge will believe the officer over you.

When I say talk to a lawyer I think of how I know plenty of them as friends. Not everyone has that. Im talking about a lawyer buddy up to date on your state laws. Not some guy from kentucky. In this particular case a public defender would be all you need. Last time I needed a lawyer I was pulled over by a k-9 unit after 5 hours in a bar 3 lines and with an ounce or so and 500 grand in my trunk. THATS the kind of shit you need a lawyer for. This is the kind of shit where yeah its gonna be a pain in the ass youll have to take classes of some sort and youll have to go through some different motions but in the end your record is expunged and regardless you probably would not be looking at jail time for a first offense like this unless you are a real hard-head and refuse to do anything to "help yourself". Courts actually give you a lot of time between the time you are charged to the time of your actual sentencing. Partly because they are busy and partly because they give you the time to either keep fucking up or show them that you are "helping yourself" the way that they like to see. You gotta tickle their ass.

I tell you to talk to a lawyer because if you need to come to an internet forum for answers then you need more help than you will get short of a response from an actual NJ lawyer on here and not just a guy like me thats gone through this a few times throughout my adult life.

You're not going to jail, and probably won't end up with a conviction. A lawyer may be able to negotiate a disposition prior to arraignment of dismissal with community service. The case is weak, you have no real record, and some personal issues that merit sympathy. Worst case senario is some probation with drug treatment, but you'd probably have to have really ineffective lawyer for a deal like that. Plus don't discount the idea that your statement, which is the worst evidence against you, might be suppressed as involuntary.

Everyone-keep you mouths' shut when dealing with the police.

- Yeh...I'm definitely getting a lawyer or a PD because I've been told that despite my clean record it is much better to have a defendant do it, I'd prefer a PD because of the price but I thought you had to have certain requirements in order to get one?

- My main reason for not wanting to go to trial is because I don't want to play the blame game if a lawyer or PD that won't represent us both and just blame one of us and get the other off. We both want and are willing to do PTI because it wouldn't be fair to snitch each other out for something we both took part in.

- I asked for advice in a forum because it is one of the many opportunities for help. Trust me I've been advised by lawyers, family members, public defendants and friends and I'm just combining the information to do what I can to make sure we get PTI or dismissed charges.

- Why would it matter if I'm a dependant or not when I forward my mail? I mean I have two jobs but I rely on them for shelter and necessities...and most importantly tuition. I have a school (college PO) address and would just send everything there.

- Thanks again for the help everyone. It's been all very pleasing to hear help from this forum rather people "OH YOUR DUMB" "OH DRUGS ARE BAD"....I'm a hard working student that just wants to sit back and relax every once in awhile. Although my situation is quite minor if I get out of this clean I'm dedicating alot of my spare time to pushing for legalization of marijuana as well as taking a few trips to Amsterdam to enjoy it without having to worry about fucking up my life....

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Originally Posted by Stellar

When I say talk to a lawyer I think of how I know plenty of them as friends. Not everyone has that. Im talking about a lawyer buddy up to date on your state laws. Not some guy from kentucky. In this particular case a public defender would be all you need. Last time I needed a lawyer I was pulled over by a k-9 unit after 5 hours in a bar 3 lines and with an ounce or so and 500 grand in my trunk.

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ummm 500 grand in your truck...i think that must be a typo

Get a lawyer! That's the best advice.

Also, make sure you or your lawyer files a discovery motion well before your court date. This basically means that the police, DA, etc. must submit EVERYTHING regarding your case to you and the court. If there are any mistakes, or anything is missing, the judge has to throw the case out and you'll get off.

This works well with traffic violations 'cause the cop has to show proof that their training is up-to-date and lisenced to use a radar gun, etc. Also, it ends up being such an administrative nightmare for the police, sometimes they just don't follow through with the motion and you get off free of all charges.

But talk to a lawyer! They know all sorts of little tricks like this and would be able to negotiate a plea deal much better than you can by yourself.

Good luck!

Definitely get a lawyer.
There is no such thing as a completely expunged record! Depending on what kind of a job you apply for later in life a background check will reveal this if convicted.You are not guilty of possession go to trial all it takes is one person on the jury that understands the drugs were not found on you and you're off free.Even if you get convicted(highly unlikely) this is a misdemeanor conviction,pretty minor but it could cause problems with future jobs.

Sucks you got caught man.

It is downright laughable what the cops go through to prosecute people for weed. Is really is. They are so draconian and old fashioned. They could be going after REAL criminals who commit real crimes.

Any truly enlightened entity would think the person who made these laws were possessed by demonic influences. Sorry.....but bullshit isn't part of our nature anymore.

Ok.....take this scenario. There is a good way and a bad way:

1. Cops find you smoking in a public place. They find a pipe and a couple grams of weed. The cops arrest you and detain you. You are charged with possession and spend 30 days in jail with a nice fine.
2. Cops find you smoking in a public place. They find a pipe and a couple grams of weed. They put the cuffs on. Realizing it is too much time and paperwork to arrest you for something this simple, the cops simply take the stuff away and release the "offender".

In spite of America's status as "land of the free", it's domestic laws are on par with the world's worst nations.

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Originally Posted by Anubis10012007

In spite of America's status as "land of the free", it's domestic laws are on par with the world's worst nations.

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yeah i know man.. my buddy got caught lifting some shoes from footlocker and the judge sentenced him to getting his hands chopped off.

Woowww....I don't think you guys are going to believe what happened.

So I went to court and it turns out (despite the fact there was a half a blunt left) the test for weed was inconclusive and they couldn't charge me with possession even AFTER I admitted it because it could have been oregano or anything.

Therefore....I walked. First time in 70+ years of law experience between our lawyers and the judge that this has ever happened. Talk about luck. You'll never catch me doing some dumb shit like smoking in a park anymore.....Thank you for the advice and to whoever is watching my ass up there.

Quote:

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Originally Posted by 13Lack

Woowww....I don't think you guys are going to believe what happened.

So I went to court and it turns out (despite the fact there was a half a blunt left) the test for weed was inconclusive and they couldn't charge me with possession even AFTER I admitted it because it could have been oregano or anything.

Therefore....I walked. First time in 70+ years of law experience between our lawyers and the judge that this has ever happened. Talk about luck. You'll never catch me doing some dumb shit like smoking in a park anymore.....Thank you for the advice and to whoever is watching my ass up there.

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Ya gotta love that shit man, congrats really you got fuckin lucky :jointsmile: Me personally, I would have denied posession of that blunt until I died. I'm an athiest too, so i'll swear on the bible and then lie to their faces with no guilt.

Glad you were let go. Simply admitting you were smoking without evidence means nothing. They can't force you into a test unless they find evidence or possession. You actually screwed yourself by admitting anything but understandable in the (stoned) panic. In the future just don't say anything and insist you weren't doing anything wrong, and if they push it scream LAWYER. ;) In most cases unless they think you are big-time or have a history with the cops, they will just let you go on your way without real evidence.

Good you got off. And yeah dude, stay outta parks. NJ ain't the netherlands. ;) We've got some of the most fucked up tough laws in the country.

Miracles do happen once and awhile =)

this story is completely bogus

...i always get odd feelings about weird banters like these.

anubis=everything i was thinking minus a few things, massive words of wisdom

then again i live in NY....GO FIGURE!

First of all. this is definitely not bogus, I have the paperwork to prove it. So don't get all high and mighty on me man.

And yeh I'll def. will be much more careful in the future....worst 1700 dollar plus nerve wrecking mistake of my life.