Busted....Yeh Another One...

[13Lack]

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.....

13Lack Reviewed by 13Lack on 07-10-2007. 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 Rating: 5

[Stellar]

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.

[MistaGanja]

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

[Skink]

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

[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.

[Raelum]

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.

[sttomassmoker]

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.

[Stellar]

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.

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.

[Stellar]

TALK TO A FUCKING LAWYER

[sttomassmoker]

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.