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  1.     
    #1
    Junior Member

    Anyway to avoid probation?

    I was pulled over while smoning a bowl. The cop gave me a poss of parph. charge and a use of marijuana charge. I was 17 at the time it happened (11:30 pm on dec 4.) i turned 18 december 5th! The cop took me back to the station, booked me, and than let me go once the clock struck midnight. I gave him consent to search the vehicle, however i am not sure he read me my miranda rights. Also, i will be able to pass the drug test if the jusge decides she wants to test me. My court date is this friday feb 7. Is there anyway for me to avoid probation? If not how long will it be? I have a lawyer not he is not very helpful.
    Yasso1205 Reviewed by Yasso1205 on . Anyway to avoid probation? I was pulled over while smoning a bowl. The cop gave me a poss of parph. charge and a use of marijuana charge. I was 17 at the time it happened (11:30 pm on dec 4.) i turned 18 december 5th! The cop took me back to the station, booked me, and than let me go once the clock struck midnight. I gave him consent to search the vehicle, however i am not sure he read me my miranda rights. Also, i will be able to pass the drug test if the jusge decides she wants to test me. My court date is this friday Rating: 5

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  3.     
    #2
    Junior Member

    Anyway to avoid probation?

    Im in michigan

  4.     
    #3
    Senior Member

    Anyway to avoid probation?

    Quote Originally Posted by Yasso1205
    I was pulled over while smoning a bowl. The cop gave me a poss of parph. charge and a use of marijuana charge. I was 17 at the time it happened (11:30 pm on dec 4.) i turned 18 december 5th! The cop took me back to the station, booked me, and than let me go once the clock struck midnight. I gave him consent to search the vehicle, however i am not sure he read me my miranda rights. Also, i will be able to pass the drug test if the jusge decides she wants to test me. My court date is this friday feb 7. Is there anyway for me to avoid probation? If not how long will it be? I have a lawyer not he is not very helpful.

    You seem confused.
    Have you even bothered to look up Michigan state law?


    "Possession:
    Possession of any amount is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A conditional discharge is possible.
    Use of marijuana is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $100.
    Possession in a park is either a felony or a misdemeanor, based on the judge's discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.
    See:


    There does not seem to be a possession of Paraphernalia law.
    But there is a sale of parephernalia law.


    "Paraphernalia:
    The sale of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $5,000. Bongs, dugouts, and pipes are exempted from the definition of paraphernalia, however."
    See:

    • Michigan Code § 333.7453(1) Web Search
    • Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005) "



    Crappiest part?
    You will lose your driving license for at least 6 months.

    My advice to you?
    Be very humble, but get a real lawyer.
    And for pete's sake! find out exactly what you are charged with, and look it up.
    Google "NORML Michigan pot laws" just for a start.

    Aloha, and good luck,
    Weezard


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