Court

[joeman122]

Ok, so I was arrested in january for possession of marijuana and paraphernalia. My court date was pushed back to April 2nd. Now I have still continued to smoke buds since the incident, and now I am very worried that they might ask for a urine sample or drug test. So basically I am just asking if they can drug test me the day I go to court, and if I do test positive what could be the worst result?

thanks,

joe

joeman122 Reviewed by joeman122 on 03-31-2008. Court Ok, so I was arrested in january for possession of marijuana and paraphernalia. My court date was pushed back to April 2nd. Now I have still continued to smoke buds since the incident, and now I am very worried that they might ask for a urine sample or drug test. So basically I am just asking if they can drug test me the day I go to court, and if I do test positive what could be the worst result? thanks, joe Rating: 5

[joeman122]

Well, I already went to court and I received a conditional discharge. In my state you have the option to use a conditional discharge one time in your life for minor offenses. This means I am on court probation. Essentially nothing will happen to me, I don't have community service, drug tests, or any other penalties if I am not arrested in the next year and then it will be wiped off my record.

[TurnyBright]

nice, thats good luck on your part

[bigfatpothead]

I was arrested in Gallatin County ky and before I went to court for arraignment I filed a Demand for a Bill of Particulars, and I served copies on the prosecutor and the judge. On arraignment day the judge said "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"

I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand, I would like a continuance so that he may have time to answer." The prosecutor stated that he would not answer the demand. I then handed the prosecutor and the judge via the bailiff, copies of my motion to quash based upon the failure of the prosecutor to answer the demand which is prima facie evidence that the indictment was flawed.

The Judge continued the case.

The next time I went to court the judge said again "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand" the judge looked at the prosecutor, the prosecutor said he was not going to answer the demand. then the judge said "Case dismissed"

If you want copies of the paperwork they are available for free as well as instructions.
on my website.

Rev. Roland A. Duby
Brothers For Mercy

[luvfriday]

I was arrested in Gallatin County ky and before I went to court for arraignment I filed a Demand for a Bill of Particulars, and I served copies on the prosecutor and the judge. On arraignment day the judge said "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"

I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand, I would like a continuance so that he may have time to answer." The prosecutor stated that he would not answer the demand. I then handed the prosecutor and the judge via the bailiff, copies of my motion to quash based upon the failure of the prosecutor to answer the demand which is prima facie evidence that the indictment was flawed.

The Judge continued the case.

The next time I went to court the judge said again "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand" the judge looked at the prosecutor, the prosecutor said he was not going to answer the demand. then the judge said "Case dismissed"

If you want copies of the paperwork they are available for free as well as instructions.
on my website.

Rev. Roland A. Duby
Brothers For Mercy

:thumbsup:Are you always this lucky, because the great state of CA has tossed my but in jail for not paying a seatbelt ticket. Luckily before I was shipped over to LA where my warrant was for this failure to buckle up my dad was able to get a judge to sign an OR on the weekend to relaease me from OC jail. All I have to say is Paris Hilton got screwed having to serve her time in LA. They tried her in the media not the court.

[bigfatpothead]

I have suffered my share of police abuse. I finally learned that my fight is not with them, they are just dum and looking for a reason to hit someone. When I get arrested I am very nice now, and cooperate because I know they can chain me up and hit me where it don't show.
I know now that the fight is at arraignment, this is where they trick us into court for victimless crimes.
No victim, no crime! UNLESS you enter a plea.

rev. Roland A. Duby
http;//www.brothersformercy.org

:thumbsup:Are you always this lucky, because the great state of CA has tossed my but in jail for not paying a seatbelt ticket. Luckily before I was shipped over to LA where my warrant was for this failure to buckle up my dad was able to get a judge to sign an OR on the weekend to relaease me from OC jail. All I have to say is Paris Hilton got screwed having to serve her time in LA. They tried her in the media not the court.

[NSTassel]

Reverand I just took a look at your site, and think that you just got lucky. Your thoughts about what you are entitled to, and the role of the prosecutor is close, but no really correct. A complaint-not an indictment-is what you face for a misdemeanor typically. If the complaint and the charging papers and supporting documents contain probable cause, then there's enough evidence to prosecute you. Entering a plea has nothing to do with it. It the discovery given to you does not contain the "time, place, manner and means", then you are entitled to a bill of particulars to know exactly what you are charged with so you can defend it intelligently. Either the judge read the police report and it did not contain TPMM or they just did not want to deal with you anymore which is sometimes the way it goes.

-prosecutor 13 years and criminal defense attorney for 3

[Mississippi Steve]

I have suffered my share of police abuse. I finally learned that my fight is not with them, they are just dum and looking for a reason to hit someone. When I get arrested I am very nice now, and cooperate because I know they can chain me up and hit me where it don't show.
I know now that the fight is at arraignment, this is where they trick us into court for victimless crimes.
No victim, no crime! UNLESS you enter a plea.

rev. Roland A. Duby
http;//www.brothersformercy.org

The biggest thing is not to put yourself in a position where somebody has to *DO* something about it in the first place. If you do put yourself in that position, then you got nothing to whine about, because its your own damn fault.

[bigfatpothead]

if you are really a lawyer, then you know that:

The constitution gives us the right to DEMAND to know the nature and cause.

Personal jurisdiction must be gained by the court through a plea or acquiessence.

complaint or indictment doesn't matter, If there is no victim then the crime is statutory and the court has jurisdiction over the subject matter, but it does not have personal jurisdiction over me.

maybe you should go back and hit the constitutional lawbooks again...

Rev. Roland A. Duby
Brothers For Mercy

Reverand I just took a look at your site, and think that you just got lucky. Your thoughts about what you are entitled to, and the role of the prosecutor is close, but no really correct. A complaint-not an indictment-is what you face for a misdemeanor typically. If the complaint and the charging papers and supporting documents contain probable cause, then there's enough evidence to prosecute you. Entering a plea has nothing to do with it. It the discovery given to you does not contain the "time, place, manner and means", then you are entitled to a bill of particulars to know exactly what you are charged with so you can defend it intelligently. Either the judge read the police report and it did not contain TPMM or they just did not want to deal with you anymore which is sometimes the way it goes.

-prosecutor 13 years and criminal defense attorney for 3