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please help, it's urgent
- Thread starter Frend
- Start date
JonnybeGood
Member
no bail? thats surprising for a minor pot charge. he have previous offenses?
but he needs a lawyer before he pleads. he might be able to get a continuation from the judge also..
http://norml.org/index.cfm?wtm_view=&Group_ID=4545
link to minnesota pot laws.
but he needs a lawyer before he pleads. he might be able to get a continuation from the judge also..
http://norml.org/index.cfm?wtm_view=&Group_ID=4545
link to minnesota pot laws.
I've had a buddy go through this before and they ended up takin his money and giving him, I believe, a misdemeanor. My buddy has court, some time, tomorrow. They weren't able to tell, they said, until 8am. But anyways, I'll just go in tomorrow and make sure he made the right call, to an attorney. The cop seemed real interested when I asked for my stuff back, like he was trying to see how much stuff he could confiscate on this whole deal. makes me wonder what they're all planning on confiscating.
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420inprogress
Member
What state?
Could be either a bail hearing or first/initial apprearance.
In any case, it sounds like he's been charged with a felony. He'll know more in court.
Could be either a bail hearing or first/initial apprearance.
In any case, it sounds like he's been charged with a felony. He'll know more in court.
Dr.Diamonds
Member
How did it go from the two of you driving, to him finding himself behind bars suddenly? Could you give us some more details
He was speeding because he had too much faith in his radar detector. We were pulled over for speeding and the cop asks for license and proof of ins. My buddy could not find the proof of ins. in his glove box and voluntarily got out of the car to see if his ins. was back in the trunk. While out of the car the cop gave him a pat down and found the gram of hash and a dub. After this he sat us both in the car confiscated all our cash and impounded his car. I got my stuff back because they found nothing on me, but they got him, and I wonder what else they may have their eyes on.
I believe your right, it is probably a bail hearing, however I'd still like to be there and help.
I believe your right, it is probably a bail hearing, however I'd still like to be there and help.
G
Guest
The first appearance is always a bond hearing I'm pretty sure, a defendant has the right to either make bail or be denied bail.
G
Guest
if he was going to see the judge in the morning it's not for bail. He did his overnight and will be released in the morning with his belongings and a misdemeanor charge. 3.5 grams and some hash ain't shit. Cash is legal as far as I know, they can't do anything but give him back every dollar.
gramma watt
Member
Frend said:
OMG..reading that scared the $hit out of me....
no wonder some people refused to believe that the state boys wrote me a citation for cultivation.....you need to move dude....
Just goes show that a good friend of mine is right....he says, and i quote...
*We live in a police state. There's no doubt about it. When we walk out of our home, get in our car and go down the street, they can set up random roadblocks; make us get out of our car; bring up a dog to sniff us and our car's contents. Do you think John Wayne would have put up with that?
John's riding his horse down a trail. They drop a log in front of him and say, "John, get down off that horse, let this dog sniff you, we're going to take blood out of your arm and make you pee in this bucket."
I believe John Wayne would have said, "I'm afraid not, Pilgrim. This is where I draw my line in the sand." I think The Duke would be with me on this one.
OldMan&theWeed
Member
The problem here is not the weed. The problem here is the large amount of cash he had WITH the weed. The forfeiture laws allow the government to seize property from people it BELIEVES to be involved in drug-related activity. If you use your car to transport drugs, you will lose your car. And if your cash was acquired through illegal drug sales, you will lose that cash and anything bought with it. It will be up to your friend to prove that his money is clean.
simplelife
Member
Good luck
Good luck
I think you will have a lot o trouble getting the cash back. Its almost IMpOSSIBLE to prove that the cash wasn't to purchase drugs with, even if that is not what you guys were up to. Sorry, but you might end up with community service and you will loose your cash.
Good luck
I think you will have a lot o trouble getting the cash back. Its almost IMpOSSIBLE to prove that the cash wasn't to purchase drugs with, even if that is not what you guys were up to. Sorry, but you might end up with community service and you will loose your cash.
you guys seem to be dead on. had the cash been on me, the person without the thc, we'd get it back. The lawyer seems confident that the cop didn't really do his search correctly and may be able to get the whole thing tossed, however that's what they always say. Initially the cop claimed he thought the hash was some drug that was a felony (crack, cocaine, meth, mushrooms) however at his appearance the judge was shocked to even see him and said it was nothing more than a misdemeanor and shouldn't have even been detained. Best case scenario he gets money back and misdemeanor is dropped for illegal search and seizure, worst case he loses his money and gets his first misdemeanor.
peace and thanks for the help
peace and thanks for the help
captredeye
Member
simplelife said:
Uhhh, i think its the other way around. 2600bucks aint shit, and the Police have to prove it IS money used for drugs.
OffroadFever
Member
i'm going with illegal search at seizure on this one. a traffic stop without probable cause means that they can only do a terry pat- meaning frisk you for weapons. cops like to play the "what's this in your pocket?" game to get you to incriminate yourself, which is perfectly legal as it would be an admission of guilt. A lot of times, cops will just reach in your pockets and pull everything out- which is a violation of your rights and any decent lawyer can have the charges dropped. I hate those crooked scumbags.. lawyers too for that matter.. lol
Depths Of OG
Member
OffroadFever said:
Right and wrong. He admitted to speeding (i.e. having too much faith in his radar detector), so there was PC for the traffic stop. At this point in the game, everything is legal. There is case law to support an officer ordering the driver and any passengers in the vehicle out of the car. So whether your friend willingly or unwillingly exited the vehicle, it's still legal at this point.
THE PAT DOWN. Here is where it gets tricky. As OffroadFever stated, it's a patdown for weapons, not drugs, OVER the clothing. The case law states, while an officer is patting you down, he can find drugs, if the drug is immediately recognizable to the officer based on his training and experience. For example, if he is patting you down and feels a film canister in your pocket, based on his training and experience in seeing numerous crack-dealers and marijuana users keeping their rock and marijuana in the canister, he can remove and search the canister. I'm not sure how some hash would be immediately recognizable to him, infact, I would venture to say it wasn't, since he didn't even know what it was when he found it. I agree, this officer ****ed up, and even a daisy fresh lawyer will get this tossed. Good job, and good thing you had an inexperienced officer. You should cut and past the officer's police report on here.
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OffroadFever
Member
Excellent followup Depths, thanks for correcting me. Learn something new everyday.
