Just got busted, need legal advice.

[Hail]

Well I never thought it would happen to me.. I have been smoking for years now and now know that no cannabis user is safe in the U.S. It would be great if some of you who have been arrested and charged before to give me advice and let me know what's going to happen. I'm a Texan so laws are different state to state.

Here is the story on how I got arrested.

I was at a good friend of mine's house at about 2am, I was about to leave and she was trying to get me to chill with her a little longer and smoke a bowl or 2.. She also kept telling me to not ride with that much stuff on me.. I wish I would have listened and I probably wouldn't be writing this thread right now.. Well I decided to go ahead and leave her house and I headed out for the freeway (known around here as the safest place to drive on at night). I notice a car behind me speeding up really fast on the back of me and then slowing down. The back of my car was pretty dirty so I couldn't really make out what kind of car it was. I found out soon enough that it was some sort of law enforcement when I saw flashing lights behind me. I pulled to the side of the road and the Sherrif asked me to step out of my car and stand next to his without asking for my I.D or anything.

He then walked around my car one time with a flash light then opened my door I walked up to him and kindly said "excuse me officer" because I was about to say I don't consent to any searches. He told me to get back to his car and stay there. He found my beautiful glass-on-glass bong which was consealed in a paper bag and walked up to me and said "you are not being arrested". He then tore through my entire car and then eventually found the key to my lockbox and found 3-4 ounces of bud. He then walked up to me and told me to turn around. I got handcuffed and placed in the cop car while he tore through my car some more waiting for the tow truck to arrive. We then drove to the jail listening to blaring country music in a sherrif's crown vic.. I asked him what gave him probable cause to search my vehicle and he said my bong was uncovered in the back seat... total bullshit lie

I got thrown in jail untill I was bonded out the next day. I was charged with misdemenor A possesion of 2-4 ounces and paraphenalia. This happend about a week ago and I don't really know anything more about it. I haven't got a lawyer yet because I don't think i will be able to afford one.

So what is going to happen to me? I really do not want to stop smoking and I plan to continue to smoke but be very careful because I'm sure I will be on probation for about a year. I'm ordering a whizzinator incase someone watches me piss.. or I would just get quickfix.

Also is growing completly out of the question untill I get off probation and get all this bullshit figured out? I would like to atleast do a small cab grow but I don't know how safe it would be to do that when on probation. I know there is such a thing as field visits by P.O'S

Thanks everyone.. Stay SAFE!!!!

 

[b8man]

Bad luck dude!! - I think those illegal searches are near impossible to overturn without a witness - which is why they push and shove and completely ignore your rights.

Out of curiousity, did he reach into the car to uncover the bong?

I think growing is out of the question for a while - don't they now have the right to get a search warrant for your place without any other evidence?? If it's like the UK, they'll probably put you on a to-do list of places to check.

Good luck with the charges though.

 

[ninfan77]

How or why could he search your car, was ANYTHING in plain view?

Taking your keys and opening a lock box.. hrm.

Sounds like you need to lawyer up, tell him the whole story exactly, and push for not guilty.

 

[easyrasta]

First off
Dont hire a lawyer until you show up to court and see what they are offering. The first chance you get, probably at your next court date, get a copy of the police report. It will have numerous lies cuz thats the way these dicks do it.
Then if you can afford it, take the police report to an attorney for a consultation.
Then after that, decide if you want to fight it or go with whatever type of diversion program they will probably offer.
Good luck &
Peace
Ez

 

[blynx]

You might want to find out if they have dash mounted cameras that tape the stops they make. A video showing him rooting around your car would seem to contradict the 'i saw something in plain view, reached in and grabbed it' story he's giving.

 

[yamaha_1fan]

You need to get a lawyer ASAP. He can pull arrest affidavits, etc and can also find out about the dash camera much better than you can.


If you are on probation, do not smoke or grow. The PO can come check on you and your house at anytime. If you violate probabtion, the judge can now sentence you however he/she wishes including prison time if the statues allow it. At least thats how it works in FLorida.

 

[Kizzattack]

Just remember that everything will be Ok.
I have had a few (non cannabis related) brushes with the law, and just remembering that everything will be ok kept me going. It's just a chapter in your life that will be over soon, just remember to be careful and turn it into a positive experience. Think about what the experience has helped you learn, and good luck.

 

[Jack Crevalle]

Yeah, land of the free...... free to get humiliated, discriminated, and clowned for using your herbal medication...not mention having your FREEDom taken AWAY rather than looking for people that are actually harming others, what a joke..


Sorry for the bad luck man, WHY do you live in Texas? All herb lovers should leave draconian states and move to California...

 

[easyrasta]

Forget all the stuff said above except for those statements made by me. LoL
You have to relax and know that you cant change what has already happened and you were busted with a relatively small amount of personal smoke. Period.
You said you cant afford a lawyer, so why get one at this time.
There is not a whole lot of evidence to gather, there was you, the cop and his book of lies. The report will be made available at your second hearing. Nothing you can do till then. other than stay out of trouble. should you grow, no.
your in the system and need to play their game, you cant afford to committ a crime while on release for the matter you have pending, so keep your nose clean and try and save some cash cuz its not just the lawyer fees you have to worry about.
there are court fess, fines, ua cost, program cost probation cost etc.
So stay out of trouble and wait for the book of lies, then decide what to do.
Peace
Ez

 

[stoned teacher]

Remember, most lawyers have payment plans.

Best luck to you.

 

[Hail]

b8man: He did reach into my car to uncover the bong. I can understand why he picked it as the first thing to check. It was covered in paper bags. So I guess you could say it looked a tiny bit suspicious. He probably thought it was going to be liquor(I'm under 21). What really sucks is I never ride with things like a huge bong all the time.. This was one of the only times it ever left my house.

ninfan77: Nothing in plainview that he could tell was illegal. My car was pretty messy but besides that everything was A-OK. I wasn't worried at all when I got pulled over because of the whole "seperate warrent" thing for locked containers.. The cop told me what he did was legal and so did the bondsman. I think they're both full of shit. I need to get a lawyer even though it's going to cost alot.. My family won't help me out there so I really need to think of something..

Yamaha: I'm not really too worried about smoking on probation. I will use synthetic urine for my tests or I might just stop smoking.. Who knows. Growing is totally different.. Hiding small amounts of pot in your house is alot easier than hiding plants. But from everyone I have talked to who have been on probation for drug crimes have never had a field visit by their PO. But you never know.. I could be that one.



Kizzattack: Thanks for the kind words. I know things will be better.. I have been through emotional pain that is 100x worse than this situation so it's not like I'm really freaking out or anything.

Jack: I love Texas and the people I care about most live here. I'm not going to move away to another state just because it has better laws on cannabis. That would be pretty selfish of me. In the long run I'm going to do whatever the hell I want. Marijuana being illegal to use, grow, ect is total BS and I think the most patriotic and American thing to do when there is an unjust law, is to break that said law.

Thanks for the support everybody, never stop doing what you love.

Legalize.

 

[easyrasta]

You can lead a horse to water

 

[151kushmaster]

I don't think quickfix is going to cut it for you. I have several friends who have been on probation. Most of their probation officers follow them into the bathrooms and stand 5-10 feet behind them. This makes substitution almost impossible. If you think you're going to get away with a whizzinator with that audable click valve think again. Here is a link to a new version of the whizzinator it's supposed to be alot less audable and the realease valve is built into the head of the prosthetic. I'm not sure if I'm aloud to post links. Haven't had a chance to read all the rules yet. If for some reason it gets deleted send me a pm!

Best of luck to you!

http://www.ureasample.com/buy-drug-test-solutions/store/comersus_viewItem.asp?idProduct=1072

 

[RED145]

Around here,cow town NY,an a misdemeanor only can get a max of 1 yr county,but no one ever gets that.What they really want is to get you in the system,drug court,probation,self help meetings and a victims impact panel,then you pay for your piss tests weekly,you pay for the privelage of being in there program,then its a minimum of 3 yrs of hell!!!
we serve no purpose in jail,any misdemenor is gonna get ya jacked for a couple yrs....it gives them purpose,creates a need for there job,and keeps the machine rolling.There are only two types a peeps anymore,those that work in government,and us!!good luck dude

 

[pmsskg]

ON THE REAL, texas is 2-4 ounces misdamenor? JESUS here in NC 27 grams and under is a misdamenor but u get caught with 28 grams (OZ) and or up, felony. If it is your first offense, you are only going to get a fine of about 400 dollars. Put on unsupervised probation. That is if you hold a steady job and pay your bills.


On your story-

The cop searched your car with out your consent, nothing you can do but file a law suit against the police station. Cause if you dont its his word vs your word, but if you make a big up roar with a law suit things might change. Also your friends house is proboly being watched. Never ever drive with weed on you unless your taking it to get rid of it. #1 rule in growing I hope to god you dont show people your plants if you grow. Wow you have massive buds your excited, hey dude wanna see something cool a big no no.

If your slangin always remember, no money in weed unless its by the pound and thats word

 

[Boondocks]

ya Texas just relaxed there possesion laws if you got charged with a misdemeanor your gonna get some probation and a fine im thinking 6 months and a 4-600 fine i wouldnt sweat too much def dont grow for awhile

 

[Guest]

Sorry to hear this ... Tough break Hail ...

Sorry to hear this ... Tough break Hail ...

It's a good idea to Know your state or provinces laws concerning what we love to smoke and grow (especially if they differ from the law in your Country as a whole). Here's the link to Texas and NC from NORML (as the previous NC post was incorrect) ... TX http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566 NC http://www.norml.org/index.cfm?wtm_view=&Group_ID=4555 I'm not pimpin for them ... but ... I gotta try to get the most of my Hard Earned Donations of the past.

PS IMHO You should have listened to your friend. What were you thinkin rollin around with approximately a qp and your bong at 2 am ??

 

[BUDDY BOY]

Just dont tell on nobody. You are facing NO JAIL TIME. Plead Innocent at first court case. And yeah get an attorney, NOW. Especially if all your stuff is right, licenses, vehicle, no warrants. I see a defense off tops. The buds were locked in the box but the bong wasn't. Case dismissed.

Did you make a statement admitting to anything or sign anything?

 

[d4.]

You get pulled over out of nowhere and he just searches the vehicle? Sounds like a BS search to me, he had no right to rip through your car especially with no aggressive or suspicious behavior to provoke it.

Eh, it happens though. Sorry to hear that it had to go down like that. Best you can do is try to fight it, there was no probable cause. Worst case scenario and you get probation it isn't that terribly bad, it depends on your area and where you were busted. If you were busted in a high drug traffic area your punishment will be more severe than if you were busted in a quiet area. Make sure that Police report is accurate, Police tend to lie to get "criminals" off the street.

 

[Pops]

Hail, if you don't have the money for a lawyer,the court will appoint a public defender at your prelim hearing. As others, have said, ask him to check for a dash camera. The cop had no right to search your car if the bong was not in plain sight. He also had no right to open a lock box without a warrant. If you get on probation, you lose your constitutional rights regarding illegal searches. A cop can search your person, car or home anytime you are on probation, without a warrant.