Can someone who has been through the system please help?

[TrustNoOne]

ten or twenty years from now you'll be givin yourself a big pat on the back for paying a good lawyer lotsa cash to get the charges reduced or dismissed.
believe me when i tellya, if you grow, you don't want any drug convictions on your record.
your future will be much easier if you have no convictions at all.
good lawyer money is always money well spent.
good luck.

 

[Berry_Coughin']

usually they don't allow you to plead guilty at an arraignment on something that carries a possible jail sentence... it's just protocol to plead not guilty...... but if ya wanna throw urself at the foot of the judge, and not weigh your options, or practice your constitutional right to a trial, then go and plead guilty... I'll keep my ass out of jail the way I do things.....

 

[TwoOhSix!]

lol why did you plead not guilty with weed on you that they found??

Man why do people post when they have NO IDEA wtf they're talking about?
For anyone that ever gets charged with a crime:
You NEVER plead guilty, ESPECIALLY not before you speak with legal counsel. In fact, most judges will NOT ALLOW you to plead guilty at your arraignment.
I guess it sucks I know these things because I've been to court, but the OP did ask for help from people that have been thru the system, so if you obviously haven't and know jack shit about law, don't give advice.

 

[420inprogress]

In Oregon, possession of less than ounce is a non-criminal conviction, but you can be fined from $500 to $1000.

No matter how trivial a case may be, since you plead not guilty, and going to court, you will end up wasting a lot of the state's time, money, and resources...think they will just let you off easy?

Call a lawyer, plead no contest, enter a drug/alcohol rehab program, and ask for probation.

 

[marx2k]

Are any of these felonies? No? Then what's the point in hiring an expensive lawyer?

 

[Guest]

try to find a lawyer who's friends with the DA (many who've been in it a while know how to work connections well).

last time i did that, my lawyer convinced the DA to talk to the judge in order to increase my fine and decrease my charges substantially. I'd rather pay a bit more money for a lot less on my record (or no record) any day.

if its a local court, the higher fine thing works for them cause they like their money and as long as its your first offense and have someone to vouch for you saying you're a good kid, hard worker, contribute to society, etc, they sometimes let you off light as far as charges..........just basically have to bribe them through the increased fine

 

[HuffAndPuff]

Legal Advice You WILL Need
Ok gang- given our hobby, it's pretty likely a lot of us have been, or will be, busted at some point in our lives. If you are dealing with this now, you are prolly confused, scared, uninformed, misinformed, nervous and expectant. My advice is always GET A LAWYER. But here is a good outline of why, and what you can expect.

Also, upon arrest, EXERCISE YOUR RIGHT TO SHUT THE **** UP. Tell the cop YOUR LAWYER TOLD YOU (yes, even if you have never had one) he would not represent you if you waived any of your rights. And if they write you a ticket, then you are free to leave. This is usually when they ask for permission to search, because it makes the consent airtight. But your honor, he was free to leave when I asked him, how could I have been compelling him?! Ummmm.... because we are stoned, scared, intimidated, and uninformed? When this happens, you just ask the cop, " But you said I'm free to go, right?" Of course he didn't say that, but he can't lie to you and say you have to stay. Sneaky cops, Smarter sneaks.

Ok, so here ya go.... its long but worth it, I think.







"Busted by a good ole boy. Tough break friend. Being in a similar situation myself, I know how it feels. Here is the deal... You have time. Lots, if you play the game right. This can work for you, or against you.

You would be suprised how often cops lose shit, misfile it, set their duffnuts on it then eat it by accident, smoke up the evidence, whatever. The longer you give them to do this, the better the odds that they will. That said, it also establishes a period where your behavior is going to be put under scrutiny- if you're lucky this will only happen when you go to court. Often, cops will just keep an extra close eye on you. Any **** ups during this period will be nails in your coffin. However, if you do **** up, do it several times and create a pattern of behavior that needs to be remedied by psychotherapy as opposed to incarceration.

Your first appearance is your arraignment. This is where you plead guilty or not guilty. (Mr. Gambini, I'll ask you again, how do YOUR CLIENTS PLEAD?) Plead not guilty, and they then set you a trial date. It is here that you will tell the judge that you require the state provide you with counsel. This will be strike one against you. I am not saying this is fair, but you get a different ballgame with hired counsel.

I THINK this is because it is an idication to the establishment that, 1) you take this seriously, and c) you will have money to pay fines, which is better than spending money on any kind of probation, whatever.

You may find (prolly will) that your court date changes a few times. Excuses I've experienced... No available courtroom, cop on vacation, delay in the discovery process.

Now, hiring LOCAL counsel will give you a much better shot of getting access to any dash cams, dispatch transcripts, officer arrest stats, whatever. What is important, though, is the THREAT that he COULD do all of this.

He can also subpoena the guy at the lab who tested the weed, question his credentials. He COULD file motions for continuance, motions for dismissal, drag out the already slow discovery process... I bet right now that your first date change will be because the pigs haven't submitted their evidence in a timely fashion. Usually, the oinkers need to provide you with a list of witnesses they intend to call, the evidence they will be presenting against you during the trial, copies of any materials they they generated during (and since) your bust, tons of shit.

Very rarely does this bluff ever get called. Basically, you get busted. The cops "stack" charges on you. You get busted with an empty bowl, par example, they charge you with possession. You're lucky they didn't try to get you with DUI, too. They do this so that we can move to the next stage...the Plea Bargain. You go public defender, and they will lower the charges rarely, if ever. More likely, they would do something like charge you with possession, and possession with intent, say. (BTW, 3 z's? were they in seperate bags? How have they not charged you with distributing?) Rather than give you the distributing, they "let you off lucky" pleading guilty to possession, while giving you the toughest penalty they can.

The thing of it is, this is no longer the adversarial judicial system people often envision... where the prosecutor is a hard on, but fair, and your defense attorney will fight and scream for your rights, and the judge is the impartial arbiter. THIS IS A FAIRY TALE.

Here's how it works. These guys have a few hundred cases to plow through on days court is in session. No way they got time to give you the fair shake your constitution gives you. So you get lumped into categories. Got a lawyer? No? well, you get out here. Got one? ok, is he local? If not, you'da done better with the lawyer of the day. If he is, what is his reputation, what is his record? Do they believe that he will take this case to trial, and that he will win if he does? This is very important.

The judge, prosecutor and defense are all buddy buddy, and know eachother. If you know who your prosecutor is, find a lawyer who has a good rap with them. Often the prosecutor will look at the charges only, confer with the cop to see what he wants, then talk to your lawyer to see what he thinks would be reasonable. Your lawyer gives his pitch, which is a slap on the wrist, and often they go with it. The prosecutor prolly didnt even look at the evidence.

This is when you are lawyered up at arraignment, mind you. If you are, you'll plead guilty to some bullshit lesser charge, pay your fine, and go home. Otherwise you get one after you say not guilty, and it goes similarly. If it worked any other way, the gears of justice would grind to a screeching halt. Abbie Hoffman suggested in Steal This Book that everyone get arrested for toking, then demand they get a trial, and shut the SYSTEM down.

They will drag it out until the time for trial comes, if they can. Then last minute, they will offer you an even "better deal". Seems like a lot of lawyers don't actually like presenting cases. Take or leave this one, depending. Me? I got a few more days before we get there. Thus far, they aint yielding. I guess I'll be telling you guys how they analize the stuff at the labs, what the chain of custody is, and the type of person they will hire. Unless he can't make it. In which case, I may set a record for most continuances ever.

Phew. I hope you ADHD criminals read that twice, cuz I'm rowing your damn boat and I managed to type it. Read all of it twice, not like 5 words 2 hundred times, cuz you're trying to blaze at the same time. Oh and Boondocks? First thing a good lawyer is going to do is tell you to keep your mindset and attitude out of sight of the courthouse. You're going to think you're being rational when he tells you this, too. It's a tough pill to swallow, but put it in your mashed potatos if you have to. I'm not saying believe it, but you have to give an Oscar -worthy performance. And you don't HAVE to stop smoking weed if you get drug tested. IF YOU WANT TYRONE TO STEAL YOUR SHOES AND BOOTYHOLE!

Stay Safe,
HuffAndPuff"

 

[TwoOhSix!]

Call a lawyer, plead no contest, enter a drug/alcohol rehab program, and ask for probation.

Worst advice ever. This is what happens when you ask a board full of stoners what to do, LOL. Seriously that's the complete opposite of what you should do.
Perhaps you're joking?
1.Get a Public Defender
2.Plead not guilty
3.Since these are minor charges they will offer you a deal so you won't have to go to trial.
4.Hope you don't get probation.

 

[LiLWaynE]

Legal Advice You WILL Need
Ok gang- given our hobby, it's pretty likely a lot of us have been, or will be, busted at some point in our lives. If you are dealing with this now, you are prolly confused, scared, uninformed, misinformed, nervous and expectant. My advice is always GET A LAWYER. But here is a good outline of why, and what you can expect.

Also, upon arrest, EXERCISE YOUR RIGHT TO SHUT THE **** UP. Tell the cop YOUR LAWYER TOLD YOU (yes, even if you have never had one) he would not represent you if you waived any of your rights. And if they write you a ticket, then you are free to leave. This is usually when they ask for permission to search, because it makes the consent airtight. But your honor, he was free to leave when I asked him, how could I have been compelling him?! Ummmm.... because we are stoned, scared, intimidated, and uninformed? When this happens, you just ask the cop, " But you said I'm free to go, right?" Of course he didn't say that, but he can't lie to you and say you have to stay. Sneaky cops, Smarter sneaks.

Ok, so here ya go.... its long but worth it, I think.







"Busted by a good ole boy. Tough break friend. Being in a similar situation myself, I know how it feels. Here is the deal... You have time. Lots, if you play the game right. This can work for you, or against you.

You would be suprised how often cops lose shit, misfile it, set their duffnuts on it then eat it by accident, smoke up the evidence, whatever. The longer you give them to do this, the better the odds that they will. That said, it also establishes a period where your behavior is going to be put under scrutiny- if you're lucky this will only happen when you go to court. Often, cops will just keep an extra close eye on you. Any **** ups during this period will be nails in your coffin. However, if you do **** up, do it several times and create a pattern of behavior that needs to be remedied by psychotherapy as opposed to incarceration.

Your first appearance is your arraignment. This is where you plead guilty or not guilty. (Mr. Gambini, I'll ask you again, how do YOUR CLIENTS PLEAD?) Plead not guilty, and they then set you a trial date. It is here that you will tell the judge that you require the state provide you with counsel. This will be strike one against you. I am not saying this is fair, but you get a different ballgame with hired counsel.

I THINK this is because it is an idication to the establishment that, 1) you take this seriously, and c) you will have money to pay fines, which is better than spending money on any kind of probation, whatever.

You may find (prolly will) that your court date changes a few times. Excuses I've experienced... No available courtroom, cop on vacation, delay in the discovery process.

Now, hiring LOCAL counsel will give you a much better shot of getting access to any dash cams, dispatch transcripts, officer arrest stats, whatever. What is important, though, is the THREAT that he COULD do all of this.

He can also subpoena the guy at the lab who tested the weed, question his credentials. He COULD file motions for continuance, motions for dismissal, drag out the already slow discovery process... I bet right now that your first date change will be because the pigs haven't submitted their evidence in a timely fashion. Usually, the oinkers need to provide you with a list of witnesses they intend to call, the evidence they will be presenting against you during the trial, copies of any materials they they generated during (and since) your bust, tons of shit.

Very rarely does this bluff ever get called. Basically, you get busted. The cops "stack" charges on you. You get busted with an empty bowl, par example, they charge you with possession. You're lucky they didn't try to get you with DUI, too. They do this so that we can move to the next stage...the Plea Bargain. You go public defender, and they will lower the charges rarely, if ever. More likely, they would do something like charge you with possession, and possession with intent, say. (BTW, 3 z's? were they in seperate bags? How have they not charged you with distributing?) Rather than give you the distributing, they "let you off lucky" pleading guilty to possession, while giving you the toughest penalty they can.

The thing of it is, this is no longer the adversarial judicial system people often envision... where the prosecutor is a hard on, but fair, and your defense attorney will fight and scream for your rights, and the judge is the impartial arbiter. THIS IS A FAIRY TALE.

Here's how it works. These guys have a few hundred cases to plow through on days court is in session. No way they got time to give you the fair shake your constitution gives you. So you get lumped into categories. Got a lawyer? No? well, you get out here. Got one? ok, is he local? If not, you'da done better with the lawyer of the day. If he is, what is his reputation, what is his record? Do they believe that he will take this case to trial, and that he will win if he does? This is very important.

The judge, prosecutor and defense are all buddy buddy, and know eachother. If you know who your prosecutor is, find a lawyer who has a good rap with them. Often the prosecutor will look at the charges only, confer with the cop to see what he wants, then talk to your lawyer to see what he thinks would be reasonable. Your lawyer gives his pitch, which is a slap on the wrist, and often they go with it. The prosecutor prolly didnt even look at the evidence.

This is when you are lawyered up at arraignment, mind you. If you are, you'll plead guilty to some bullshit lesser charge, pay your fine, and go home. Otherwise you get one after you say not guilty, and it goes similarly. If it worked any other way, the gears of justice would grind to a screeching halt. Abbie Hoffman suggested in Steal This Book that everyone get arrested for toking, then demand they get a trial, and shut the SYSTEM down.

They will drag it out until the time for trial comes, if they can. Then last minute, they will offer you an even "better deal". Seems like a lot of lawyers don't actually like presenting cases. Take or leave this one, depending. Me? I got a few more days before we get there. Thus far, they aint yielding. I guess I'll be telling you guys how they analize the stuff at the labs, what the chain of custody is, and the type of person they will hire. Unless he can't make it. In which case, I may set a record for most continuances ever.

Phew. I hope you ADHD criminals read that twice, cuz I'm rowing your damn boat and I managed to type it. Read all of it twice, not like 5 words 2 hundred times, cuz you're trying to blaze at the same time. Oh and Boondocks? First thing a good lawyer is going to do is tell you to keep your mindset and attitude out of sight of the courthouse. You're going to think you're being rational when he tells you this, too. It's a tough pill to swallow, but put it in your mashed potatos if you have to. I'm not saying believe it, but you have to give an Oscar -worthy performance. And you don't HAVE to stop smoking weed if you get drug tested. IF YOU WANT TYRONE TO STEAL YOUR SHOES AND BOOTYHOLE!

Stay Safe,
HuffAndPuff"

my bad ya'll for quoting this long assss description, BUT ITS ON THE MONEY!!

 

[LEGI0N]

Just for information while we're on the subject..

BUSTED: The Citizen's Guide to Surviving Police Encounters

http://www.youtube.com/watch?v=yqMjMPlXzdA

 

[420inprogress]

Worst advice ever. This is what happens when you ask a board full of stoners what to do, LOL. Seriously that's the complete opposite of what you should do.
Perhaps you're joking?
1.Get a Public Defender
2.Plead not guilty
3.Since these are minor charges they will offer you a deal so you won't have to go to trial.
4.Hope you don't get probation.

Maybe you should read the first post again.

He's already pleaded NOT GUILTY.

He's already scheduled for trial.

So he's asking what to do next. Not what he should have done.

 

[TwoOhSix!]

Well your advice still sucks, you told him to plead no contest and ask for probation...