just got busted, felony possesion.

[Pistil_Party09]

ok, so i just got out of jail and heres my story..
me and some friends were burn running(first mistake) around our county.....my friend was going 55 in the 45 and got pulled over, by a state fucking trooper....didnt smell the weed...but saw the passenger put down a beer, he got ticketed for that..anywho, when he comes back to our car to give us our ID's back...he didnt give me mine, then had the person who was drinking step out of the vehicle....i should have realized right then that i was going to be pulled out of the vehicle....oh fuck...anyway he comes up to the window, and tells me to step out...
says i have a warrarnt out of another county for failure to pay a fine or some BS.. i had gotten a fine like 4 years ago and im pretty sure i payed it, i say thats impossible and he says its legit....
he says the warrant was issued october 09.....and the "fine" i was given was probably from like 06....and i never recieved anything in the mail concerning this...otherwise i would have payed it, anyway he says i need to take you down to the station so you can pay this off....proceeds to ask me if i have anything illegal on me, i says no...then he starts patting me down, i say SIR! you do not have the right to search my person....i do not give you consent....says he doesnt need consent and BAM he pulls out my bag and my pipe....
i had an 8th and a chillum...
now he tells me since its my second offense ( i got a paraphanelia charge 3 years ago and that falls under the same category) that its a felony...WTF!!!!
i had to sit till monday and i got a signature bond......

heres the best part though....he NEVER read me my miranda rights.......does that mean this whole case is going to be dropped? i also didnt consent to a search ...but im not sure on that one because i DID have a warrant, which means i probably didnt have rights anymore....
im from wisconsin...
does anyone know how fucked i am?
i havent talked to a lawyer yet but i will....

 

[Blckbrd]

As you said, definitely talk to a lawyer. That said, your arrest was a "custodial arrest" - meaning they're taking you into custody. Whenever that happens, "the law" (courts' previous decisions interpreting the state and fed constitutions) allows police to do a pat-down search of the person being arrested for officer's safety - to make sure that they don't have weapons or objects that can be used to harm the arresting officer. If while patting down for weapons they find contraband, that discovery is almost always held to be legit for court/prosecution purposes.

The Miranda thing ... almost dead by now, though not entirely. Miranda essentially says that you have the right to remain silent and anything you say can be used to support your prosecution. Miranda is still important when prosecutions are based primarily or exclusively on statements made by the defendant ... it is virtually meaningless if the arrest is based on non-verbal evidence i.e. finding stuff in your pockets.

The felony/misdemeanor thing ... depends on state statute. Some states have a provision that the first simple possession marijuana conviction is a misdemeanor & subsequent convictions are felonies. Dunno what state you are in and not asking (oh yeah - now I see Wisconsin), but I would be surprised if prosecutors wherever you are did not routinely exercise their discretion and charge simple marijuana possession offenses as misdemeanors despite prior convictions. Technically, yes, it could be a felony. Pragmatically, the notion that "it's only marijuana" and the recognition that many states are decriminalizing it if not legalizing it has made prosecutors feel quite comfortable in not charging it as a felony just because they can.

 

[NiteTiger]

Search incident to arrest gives the officer the right to search your person, and even your bags, and surroundings in some instances.

Doesn't matter if you got notice of the fine, only matters in this instance that there was a valid warrant for your arrest.

He doesn't need to read you your Miranda rights if you are not going to be interrogated or questioned. Miranda simply means that if your in custody and being interrogated, you must be notified of your rights in that situation before said interrogation.

Felony v Misdemeanor is statutory as Blk mentioned. You'll probably be able to get it knocked down to a misdemeanor, especially with an attorney.

You and your buddies are the only ones in the wrong here, cops actually doing right here. Even if cannabis were legal, it would be similar to an open container in the car, which, as your buddy knew, is illegal. DUI would still be illegal too.

Next time, be cool about it, and keep your smoke at home.

 

[Pistil_Party09]

thanks for the advice....
like i said, it wasnt MY idea to go on a run, in fact, not minutes before getting pulled over i told my friend to take left i know somewhere we can stop and smoke hassle-free....
im just praying i dont get jail time or probation for this shit.....

 

[Pistil_Party09]

but if i proved that i payed the fine already(the fine that got the warrant issued) and that someone fucked up, then wouldnt they have to drop all the charges?

i cant believe they didnt send me SOMETHING in the mail before a warrant was issued....i dont have the paperwork or a reciept so i cant prove i payed it....

this pisses me off so bad...if i KNEW i had a warrant, id have ditched thre

 

[Slipklot]

lol werent mirandized they dont care. as far as searching once u exit vehicle they search and sometimes detain u for their protection.

 

[NiteTiger]

but if i proved that i payed the fine already(the fine that got the warrant issued) and that someone fucked up, then wouldnt they have to drop all the charges?

i cant believe they didnt send me SOMETHING in the mail before a warrant was issued....i dont have the paperwork or a reciept so i cant prove i payed it....

The possession charge won't automatically drop, but it'll make it a hell of a lot easier for your attorney to get it dismissed. But it still comes down to the fact that it was a legal stop, it was a legal search, so the pot charge stands on it's own without needing the original warrant to justify it.

 

[Blckbrd]

You still ought to get an attorney, but all he will do is tell you how fucked you are and how badly you need to pay him $7000 to keep out of the big house. They are as bad as the pigs 90% of the time. Self serving pricks that use your own fear to support themselves. I have gone unrepresented before and won cases. I am not run of the mill though.

Oooph ... now that's rough! Gotta say, it is for the most part a thankless job & the perspective that they make a living (or try to) serving people who have reached low points in their lives does lend itself to "predatory" jokes.

Perhaps a more accurate analogy for a good criminal defense attorney is the wilderness guide who doesn't cause the accident, but who helps navigate people out of a foreign, hostile jungle they inadvertently crashed into. True, though, like any other profession/job, the bad ones really screw it up for the good ones. Dunno why doctors don't get a bad rap too ... they kill people with their oversights or lack of experience, AND, they still get to park wherever they want. Must be about money ... at least insurance (or taxpayers) pay for them. Like any consumer about to plunk down your life savings on an investment, do a little research first so you don't choose a lemon.

You know the saying about those who represent themselves ...

 

[NiteTiger]

You know the saying about those who represent themselves ...

Prisoner #824678A, Amateur Attorney

 

[ogsunk]

felonys i have sum and did my time sucks but its how the cops make money


ps fuck the pigs

 

[JJScorpio]

I hate to tell you, but everything the cop did was legit. He has the right to search you prior to placing you in his car, and there's no need to read you miranda unless he plans on questioning you....

If you prove you paid the fine and have a minimum 5 grand to pay a Lawyer, you may have an argument regarding your arrest and subsequent search...

 

[daves4usc]

Go talk to a local attorney who has been working in the area for awhile. A good criminal defense attorney makes a living from familiarity with the individuals in his area who work in the judicial system and law enforcement. In another words he may be able to negotiate a lesser charge since theres a good chance he has worked with these people before. Well, thats how it works where I'm from anyways (the good ole' boy system). Good luck and better kharma coming your way for sure!

 

[Pistil_Party09]

You are lucky they didn't get you for driving while stoned (DWS) which is the same as DUI and a real pain in the ass.

I wasnt driving, but they DID manage to get the driver for that... i dont know how, i think its because hes stupid and doesnt know how to talk to cops....he had weed and a pipe...

...and it was some damn fine sour diesel i must say...
but its cool i got some fine ass purple kush and some nice tasty hash going right now.
.

good thing i got some cash set aside for something like this and will hire a good attorney ive worked with in the past...
im hoping for it to be reduced to a misdimeaner, and pay a fine, lose my license, and maybe do some comm serve....does that sound realistic?

 

[OldPork]

Don't know if you are on parole or not, but if you are, they OWN you. Pack your duffel bag and toothbrush, you are headed back to the pokey.

 

[thc43]

Jail what did you do all weekend or just the afternoon


mate take it on the chin you got done, if its not legal for you to smoke and carry a pipe in your state plead guilty and get it over and done with. At minimal cost plead at first chance and dont say much other than that your just the common occasional pot user..

your joking right wasting $$$ fighting this minor crime.. Keep the save coin for next week when you need to be bailed for 3rd drug charge..lol...Or a grow charge where a mouth piece might be able to reduce and barter some of the charges..

GL dont go stoned to court unless you dream up some tight wack story, respect the system while your infront of the law and maby next time after you have done the math you may realise its cost effective to throw the odd baggie when your getting pulled over.

sly and it will come across that way in court, looking for the easy way out doesnt always go down that well in court. Lawyers will take you for all you have and the judge wont let a open and shut case with this one (on person/ possesion)..

It was your prior drug charge that got you searched, the warrant was probaly BS and never heard of again..

 

[NiteTiger]

Jail what did you do all weekend or just the afternoon


mate take it on the chin you got done, if its not legal for you to smoke and carry a pipe in your state plead guilty and get it over and done with. At minimal cost plead at first chance and dont say much other than that your just the common occasional pot user..

your joking right wasting $$$ fighting this minor crime.. Keep the save coin for next week when you need to be bailed for 3rd drug charge..lol...Or a grow charge where a mouth piece might be able to reduce and barter some of the charges..

GL dont go stoned to court unless you dream up some tight wack story, respect the system while your infront of the law and maby next time after you have done the math you may realise its cost effective to throw the odd baggie when your getting pulled over.

sly and it will come across that way in court, looking for the easy way out doesnt always go down that well in court. Lawyers will take you for all you have and the judge wont let a open and shut case with this one (on person/ possesion)..

It was your prior drug charge that got you searched, the warrant was probaly BS and never heard of again..

You don't read real well do you?

Plead guilty to a felony (which is NOT minor, Felony means a potential of at least 1 year in prison) without even trying?

Then your next piece of advice is destruction of evidence. Awesome idea there, skippy! Let's take a low grade felony, and add a higher grade felony to it!

And you obviously have no idea what you're talking about on the search.

Actually read the thread, and for comprehension next time. Your idiotic advice will get someone poor guy nailed to the wall.

Go actually lean WTF you're talking about before you ever open your mouth in this section.

Ignorant twit

 

[bombadil.360]

did the cop ask you if you had any objects on you or in your pockets that may cause him harm prior to the pat-down?

if not, the cop was an asshole and knew you guys were just an easy prey. if he did not ask you that, it means he was not concerned about you guys being real criminals, he knew you were just innocent boys riding around smoking some harmless herb.

if he actually thought you were dangerous, he would have asked for a shit ton of back-up first, and before he patted you down, he would have asked you about what you had on you and if there was something he had to worry about.

go arrest real criminals next time mr. cop.

 

[Pistil_Party09]

he did ask me if i had anything on me that would stick-stab-or-poke him....

yeah THC43 you threw out some bad advice.....its a felony...and i dont play jail.
or probation....lawyer all the way...

if i would have known i had a warrant, the weed would have been hidden and then no one would have been searched....could have tooken a ride to the station, payed that shit and would have been on my way....but i was positive i didnt have any warrants....fucking cops..how do they put out a warrant 4 years after you get a ticket???
not only that, but why the fuck dont they send u anything in the mail BEFORE they put out a warrant saying "HEY! you didnt pay this fine, pay NOW or u get a warrant!"
fuck the system..

 

[nnep]

I hear people who say that "i may have had a fine but i think i paid it" all the time. Then another "i never got the letter/summons, it's not my responsibility to pay" often.

If you get busted, then it's now your responsibility to get it taken care of or it'll come back to bite you in the ass later. If you think that it'll slip beneath the cracks you're just being niave.

If you truly never received the letter, you should have made sure you took care of the fine regardless. The judge will roll his eyes when you say that you don't have the receipt anymore. This could have been prevented man, pay your fines.

Also you're going down the highway with open containers, baggies of weed and paraphernalia with priors and a warrant out. Seriously man?

 

[Pistil_Party09]

Also you're going down the highway with open containers, baggies of weed and paraphernalia with priors and a warrant out. Seriously man?

didnt know second offense was a felony....especially since the first offense was for paraphenelia that happened 3 years ago....
also didnt know i had a warrant, if i did, i would have payed....and wouldnt have been carrying anything....also i wasnt drinking and didnt know the passenger was until we got stopped...