Posession in a US National Park

[barletta]

Hey I got a quick one here. What is someone who can't afford an expensive lawyer looking at if popped for possession (no intent) in a national park? Dude has no federal priors, but has some old state charges, I think 1 was w/intent? I dunno if he's got any 'felonies'. I read the NORML site, but is there a conditional release, chance of beating it, etc....? Was a park ranger in a traffic stop. Wrote him a ticket, let em go.

 

[twojoints]

just a misdemeanor if he got a ticket i believe. probably wont beat it alone, but i dont think hell go to jail

 

[JJScorpio]

What State are we talking about?

 

[barletta]

I believe that it was a federal charge. Happened in a non-med, non-bible thumping, state. U.s. park police stopped him while driving. They didn't write a bunch of tickets that they could have for his vehicle/driving, because they couldn't. They did write the ones that they could though. The same state charge here would cost him probably 4-6 mo, OR conditional discharge/suspended sentence AND $5k+. I don't know if he ever used a conditional/suspended defense/plea/sentence. Doin research for a friend who doesn't have internet and is a lazy fu@k lol

EDIT: Another big Q I guess, would a federal charge take in to account state priors? I figgure that for a 1st offense he would be fine, but if the priors count, he gets a 90 day minimum (3yr max whoa) AND $5k

 

[Chester]

Yep. A national park is almost the worst place to get popped as it is automatically a federal charge no matter what state it's located in. And that is just plain bad news.

Rule of thumb, don't carry or smoke on federal land.

Best of luck to your friend.

 

[del...]

i got caught with a little bud (like 3-4 g cola) at petrified forest (AZ but national park laws are under fed jurisdiction no matter where it is) a few years ago and all i got from it was a ticket with a mail-in fine if pleading guilty or no contest and a court date if contesting it...very similar to a traffic ticket. the fine was around 300 but having a pocket-ful of rocks cost way more...and seemed to be the more serious 'crime' in the eys of the forest service cops too!

 

[Wunderkind]

What will most likely happen is that the prosecutor will look at his priors and if he seems like a bad guy. They will not hesitate to rake his ass over the coals.

 

[yamaha_1fan]

I think your friend should call a lawyer and at least get a free consultation. There are so many factors involved, its crazy for anyone to predict

 

[JJScorpio]

If they wrote him an appearance ticket and let him go they didn't charge him under Federal law. Sounds like he's going to appear in some rinky dink city court. If he was charged Federally he'd be arrainged in Federal Court. They arent getting involved for a joint.

You aren't going to get an answer without some information. Read the ticket and see what the charge is and what state. Whats bible thumping got to do with anything?

 

[barletta]

I looked up and gave him the lawyer's #'s on the NORML site for his area, along with some other lawyers in the area. When I saw the ticket, it said "court appearance req'd" with no date specified. On the back it said that if there was no date, they would mail him the date. I didn't look to see whose jurisdiction it was under. I spoke to him a week after I gave him the #'s, and he said that he didn't call. I don't want to give details of where/when/how it happened to cover my own arse. I was simply looking for other's experiences, as I am sure that plenty of people have been busted for simple posession (said he had around an ounce) in natn'l parks. I meant no disrespect with the 'bible-thumping'. It just seems that the local laws (and general attitudes toward pot) may be harsher in the more (christian) conservative states. I was raised on the bible, and feel that it is the greatest book ever written (that I have read so far lol). The bible has kept me sane plenty of times when I COULDN'T get any other books. I understand that no one here is going to be able to tell me exactly what the deal is, but I figgured that others (thanks del..) could generalize what has happened to them.

 

[Vermonster]

Del...ha..i slept in that place in 03 night before phish tour started in Phonix, we camped 2 miles out off a road as per regulations, i stole so many rocks, i felt bad put most back but kept a few, real cool. Blazed too, but didnt get caught, sorry you did. soory for troling no real advice, but i couldn't resist with del's post! love that place!

 

[dexter840]

i copped a fed charge on 4-19 of last year. 275 dollar fine guy took my herb. funny thing is federal possesion has no limit...i could've a had a half ton or that half O. state priors do not matter when federal shit is in play. be aware though upon your 2nd federal possession charge you are to do a mandatory min. of 15 days

 

[Maj.PotHead]

i got caught with a little bud (like 3-4 g cola) at petrified forest (AZ but national park laws are under fed jurisdiction no matter where it is) a few years ago and all i got from it was a ticket with a mail-in fine if pleading guilty or no contest and a court date if contesting it...very similar to a traffic ticket. the fine was around 300 but having a pocket-ful of rocks cost way more...and seemed to be the more serious 'crime' in the eys of the forest service cops too!

{but having a pocket-ful of rocks seemed to be the more serious 'crime'}

pretty az petrofied wood is a no no to take from the park your lucky your not in jail lol.
when i bring smoke onto a nat park i only bring what i wanna eat few doobies at the most rolled in front top pocket of shirt. if lights from coppers go on i eat the doobies and wash down with mtn dew n/p no ticket

 

[theredkitten]

Yep. A national park is almost the worst place to get popped as it is automatically a federal charge no matter what state it's located in. And that is just plain bad news.

Rule of thumb, don't carry or smoke on federal land.

Best of luck to your friend.

Does that make it a felony my little mouse friend? That means no more walks in the woods for us, eh?