Just got busted, need legal advice.

[Fat_Zach]

Total crap man . you see bs like this go on all the time here in tx but as always they mostly depend on intimidation to get you to say or do whatever they want. I think you should do what you have to do to get a lawyer.If nothing else, like youve been told already, the more hell you raise with your lawyer the more likely they will be to overturn it. either way it sure wont hurt. And make sure you do your homework and find a lawyer who hasent pissed off any judges lately, that alone can meen the difference of 2 years of probation or just 6 months around here. Good luck hope it works out!!

 

[kmk420kali]

I'm a Texan

Love it or not...this is your Problem-- Move to a weed-friendly State, if you smoke weed--

 

[Burt]

NEVER-EVER-go with a court appointed attorney
Sell a kidney if you have too-and you can thank me later
good luck to you-you may get probation and have to buy a urinator

 

[JJScorpio]

The good thing, you're only looking at an A misdemeanor. The bad thing, you are probably going to get a yrs probation. If you do get a yrs probation you will probably be off in 8 months.

I don't know what State you're in, but some States allow an officer one arm length into a vehicle. Once he found the bong, he got probable cause for a search. If he said the bong was in plain sight, good luck. Your word against his. We know how that works. Why didn't you at least put it in the trunk?

 

[Guest]

Good luck bra...probation sucks..and I've had the house visits unannounced....and my p.o. was a family friend!! I can't imagine doing a home visit over 3 oz's of weed.Do you have accelerated rehabilitation there? You plead quilty (I think) but them after your probation your record is erased.You are allowed this option once in our state.

 

[Guest]

Bad luck? I don't think so no offense, but I am going to narrow this down, maybe it will help you for next time, unless you've let the 'pigs' win

Mistake#1:I never thought it would happen to me.
#2: She also kept telling me to not ride with that much stuff on me.
#3: I was at a good friend of mine's house at about 2am, .. I headed out for the freeway. (safest place at night... is that a joke?)
#4: Getting out of your car. In all states, you can request a second officer on the scene. Why? People pose as cops these days to commit violent crimes. Ask him you would like to get on the radio, or how do it... something like that I can't remember totally. This is more for general safety than trying to avoid a charge.
#5 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 <---- how do you know? You weren't thinking clearly enough to hide your bong anywhere besides the... uh back seat? lol... I am guessing you were lil lazy cause you were a lil buzzzzy at 2-3 am. in the morning.
#6 (a future mistake) 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. <--- they drug test and if you fail you go to jail or more prob time depending on the judge. Your mind needs to be clear and prepared, I would do a little research, and they have to appoint you a lawyer, he will explain better options. But you need to be prepared... to be prepared... sort of speak. This is your record/life here, don't slack on this.
#7- (another future mistake) this is the kind of slacking I am talking about--->I'm ordering a whizzinator incase someone watches me piss.. or I would just get quickfix. News for you: You've already been caught. Why would you chance worsening things. It's not worth it, unless your a med patient (doesn't sound like it), why can't you quit for 6-12 months to be able to smoke/grow or the next 40?.
This one I like! ---> Also is growing completly out of the question untill I get off probation and get all this bullshit figured out I'll pretend this was a typo---->?

WTF your going down sprial again!----> 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!!!!

Now if you could please sir, go get prepared to fight for your freedom in any way possible to shorter or lesser the sentence. I can't exactly tell you how as I have never personally needed it. but even a cheap lawyer will get you less than a public defender, I have witness that for myself. Also no offense but a cop just can't randomly search a car.... but if this is the case 95% of cop cars have cameras on them now days and always face the vehicle, how about you ask a lawyer to have a little lookie? That is if your bong wasn't laying all over the back seat which they CAN search you for.

Get prepared... plan for the worst, hope for the best.

 

[Guest]

You are going to want a lawyer, no question about it.

Also, the advice to see what they'll offer you is the cowards way out. Don't take any deal these scum have to offer.

I went to the preliminary hearing where they offered my lawyerless self a pretty good deal compared to others in my area who I've known to get busted with the same simple posession. Given the circumstances which we were busted I talked to an attorney. His advice was that I plead not guilty, and after it became clear that I was going to opt for my jury trial, charges were dismissed. All of them.

Don't fcuk around with these pigs. Assert your rights and if you gotta burn for it, you gotta burn. Sometimes you gotta do that to be right.

 

[yohomz]

Just wondering if he gave you a reason to pull you over? I know they can make up some BS, but maybe his story would contradict his dashboard cam.

 

[Agent 09]

I'm a little confused, did he pull you over for speeding or did he just pull you over. None the less you are in this situation, I would suggest talking to a lawyer. Even if you can't afford one consultations are usually free or a small fee. I would suggest a least talking to one, they can greatly reduce or minimize the charge/punishment on you, hell you might even get off. I would at least talk to a lawyer to see what you could be facing and what they could do about it.

 

[HuffAndPuff]

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. 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

 

[bong_chat]

Honestly the first thing I thought when I read that was who turned you in? I have a few cops in my family, and I've been able to avoid some serious cow dung because of it. In your case, GET A LAWYER. Remember the old addage, any person who represents themselves has a fool for a client. They know things that you don't and won't. It'll cost you, but it's worth every penny.

I don't know the laws in your state, but here a cop needs a reason to initiate a traffic stop. That would be my first question. Why were you initially stopped. If there was no legal reason to stop you, then anything found in your car would be considered inadmissable, and your case would fall apart. Again, a lawyer can get all that information.

The way you tell your story, it seems like your pokey smokey was tipped off that something was there. Otherwise, why immediatly order you out of the car? Now as far as him reaching into your car, that gets tricky. Around here, if they reach into your car and you don't say anything to stop them, they consider it implied consent. Now that is again where that lawyer comes in.

I could go on, but I just relayed your story to one of the cops in my family. He laughed and said he wouldn't even go to the court date. I asked why, and he said "any half assed lawyer could get this one thrown out, and I have better things to do with my time". I asked him what you should do. He said "get a half assed lawyer". So get a lawyer, be smart about it, you'll be fine. And count yourself lucky that you don't live in a state that would hang you out to dry with the amount you had.

 

[Vermonster]

growings is def out of the question as far as I'am concerned, and be carefull with what you keep at home. Two seperate people i know who got pulled over and busted localy had warrants served on their houses a week or so later. not sure how bored your local cops are but they may consider it. Just some friendly adivice. good luck

 

[Fat_Zach]

Love it or not...this is your Problem-- Move to a weed-friendly State, if you smoke weed--

House bill 758!!! We are on our way slow but sure.

Although I highly enjoy weed I dont think I am willing to pack up and leave my home for it yet as long as we are making progress.

I never travel with over an ounce and never have a reason to. Weed to me is not a cash crop nor was it ment to be, i can only hope. If your not selling that shouldn't be a prob. Just one man's opinion.

 

[WyattHerbShiva]

transporting a bong in a car?

oh, man. I wouldn´t even do that here in europe.
2-4 ounces of weed NOT hidden in a really smart way?

That was calling for trouble.

You learn the hard way. Sorry for that.
All the best.
Wyatt.

 

[PDO]

imho your gonna be alright, prob a couple years probation and some fines, just dont snitch on anyone. best of luck my comrade in horticulture

peace
pdo

 

[Guest]

dude a qp in texas first offence no scale...you will get off easy...here i am thinking a grower got busted...i predict 4 years probation and 2,000 fine...oh yeah the advice part....GET A LAWYER