I have a pre-trial tomorrow, anybody with exp. pls read.

Discussion in 'Marijuana' started by aesther, May 23, 2004.

  1. aesther

    aesther Member

    I originally sent this as a PM to somebody, but I hope I can find some more valuable advice here as I'm very stretched with time


    Here's my situation:
    On Jan 9 I got arrested for possession of marijuana. I was 16 at the time, and I was found with 3 others in my friend's car. No marijuana was found on me, it was in a binder under my seat. I denied smoking the entire time, as did one of my friends. They searched the deep pits of our pockets for grains of any illegal narcotic they could find. They didn't find a thing. Ok, so after a few days, I found out that my friend who denied it got out of it. He had also denied smoking and brought a urine and blood screening showing negative tests. He was very quiet and "cooperative" around the cops, I was a bit defensive by trying to use my rights to get out of the situation(4th amendment, etc.). I got a urine screening done about 2 days after I got arrested, and I passed it. Fast forward to March 30th, the other two kids that were in the car(one being the driver) have their calender consent. They both plea and go through this program with probation, comm. service, classses, and a tour of the jail..shit like that. I had my court date a month later for irrelevant reasons, and my mom and I decided to fight it in court. So we're talking to my lawyer today, and she is going to try and get the case dismissed with the evidence we have(nothing on me, not my car, denied smoking the entire time, and a urine screening showing negative for thc) during the pre-trial. the pre-trial is on monday morning(tomorrow). My question to you is, do you think they would test me at the pre-trial date? My lawyer seemed to be saying that it would be irrelevant as the charge is for possession on jan 9. If you have any other advice/suggestions I'd appreciate it, as my pre-trial date is tomorrow :(.


    BTW, for those that don't know...the pre-trial determines whether the case will be dismissed, or whether it will go to trial. If it goes to trial, then I have a choice of referee,judge, or judge w/ jury. I really hope the case gets dismissed, but you never know.

    On a final note, my main and for the most part sole concern is being tested at pre-trial.
     
  2. meangreen

    meangreen Senior Member

    Listen to your attorney,pissing you now has no bearing on the 9th and would be inadmissable as any sort of evidence and they cannot piss you any ways without reasonable cause at this point!Relax
     
  3. NightShadow

    NightShadow Member

    Exactly what meangreen said.
     
  4. reef

    reef Member

    yup yup your in the clear. they either just going through with formalities or trying to scare you.
     
  5. garf12

    garf12 Member

    yeah I wouldnt think they could make you test unless you are convicted. Then they could for probation.
     
  6. aesther

    aesther Member

    Update:

    I had my pre-trial today. The assistant prosecutor was this young vixen and she decided not to dismiss the case. This means the case will be going to trial. I suppose it's best to stay clean until then, the trial is on June 16th. Better safe than sorry..my lawyer even told me not to smoke
     
  7. marquee

    marquee Member

    Forgive my ignorance but why the fuck are you in any trouble at all? They've got nothing on you, they might as well being charging you with riding in a car.
     
  8. aesther

    aesther Member

    A new law came out a while ago that said if any drugs were found in a car then all passengers will be arrested.

    I suppose i'm staying clean until trial....I'd be sorry if I needed to be clean and wasn't. better safe than sorry i guess.......i really wish i could smoke though :)


    U.S. law is pretty worthless

    they say that marijuana is a gateway drug, but if it is it's because it has such a long presence in the body. that really makes me angry
     
  9. twoseeeyes

    twoseeeyes Member

    Yea that's a new bullshit law.....are you in Virginia? Only a few states have that law........

    Were any drugs found on your friends?

    Have your lawyer take care of everything. If you have to plea take one involving no probation if possible that is if you want to smoke after.
     
  10. aesther

    aesther Member

    "are you in Virginia? Only a few states have that law........

    Were any drugs found on your friends?

    Have your lawyer take care of everything. If you have to plea take one involving no probation if possible that is if you want to smoke after"



    I live in Michigan.
    No drugs were found ON my friends, but it was all found in the car on the passenger side below my feet :(

    Theres no possibility of pleaing anymore, and if I had plead(which I had the option, before the lawyer even came into the picture), it would have involved probation for sure as my friends went through that and both got 4 months. I'm pleading innocent so I really hope that I don't lose or I'll probably get probation till i'm 18. I'd rather have 4 months than wait until i'm 18 :(..I just turned 16 in December
     
  11. Stan

    Stan Member

    You just happened to be in a car that had marijuana in it. You didn't test positive for thc, you didn't have ANY on you, and it wasn't your vehicle. They can't do shit to you. There's like a 1% chance of any conviction, and that would be with a twisted jury/judge ect. How did they not dismiss it? Thats mind fuckingly stupid. I have to type it one more time just to stress the stupidity of it all.

    Here's about what the prosecution has on you..

    1 : In a car with marijuana in it.

    2 : Didn't have the substance on his person.

    3 : Passed a pisser two days after his arrest.

    4 : Wasn't his vehicle.

    He's obviously guilty of... uhhh... :eek:

    Am I missing something? Is it in any way shape or form illegal to be in a vehicle that had marijuana in it? Despite your knowing it was there or not? Like if I was giving my STRAIT EDGE catholic friend a ride home and the police pulled me over and somehow found some pot would they arrest the S.E.C. put him through jail, a pisser, court? God thats so fucking dumb.


    P.S. Be sure to smile and humor the pigs while they waste the tax payers fucking money on something as bullshit as your case. Nothing better than pissing a court full of ignorant pigs off when they can't do SHIT because they know they're wrong.
     
  12. WayfaringStranger

    WayfaringStranger Corporate Slave #34

    if someone already pled guilty for it, then no matter what they cant carge you with it.
     
  13. meangreen

    meangreen Senior Member

    Dont sweat the small things,they are only hoping you plead to it,they have nothing on ya!
     
  14. bifunboy

    bifunboy Member

    ive had run-ins but not in the US! all i know is that things vary state to state generally by more than UK local council variations in policy... in the UK theres no way you'd hve more than a caution in the new 3 strikes system tho.
     
  15. WeeDMaN

    WeeDMaN a pothead

    They're cops, they can do anything they please.
     
  16. harshhookah

    harshhookah Member

    Got a question... Was the pot actually yours??? If it wasnt have your attorney sepenid who evers it was. Believe it or not the pot being under your seat is enough to convict you. Just remember the Judge and prosecuters have a vice grip on your nuts. Take my advice and do not smoke until you find out if you are going to get a UA. Your attorney should know whats best for you in your situation so follow his/her advice carefully. Just thank god your a minor still. Also its good to study your police notes for what every1 said.
     
  17. KatieGrace

    KatieGrace Member

    I think its crazy!! I suppose police vary from where you are... a friend of mine just got caught smoking in a car driving, and they took the pipe NOTHING... arg government needs to have some consistancy if you ask me... and even if it was under your seet it doesnt meen you put it there like stan said you could have been just getting a ride home. how lame.
     
  18. Takemenow

    Takemenow Senior Member

    yea i wouldnt worrie... i was charged for a coke trafficing once and i got a year of probation. and i was guilty of it. as for smokeing.... if they didnt say u can be random tested u dont really have to quit. just stop at the 1st of june. and dont smoke in public cuz getting caught againn wont help
     
  19. chrondo

    chrondo Member

    the west is so much more chill than the east though... i live on the east coast everyone up here is so busy by the books and stressing its rediculous..

    out west is nice as hell because its all chill laid back


    definetly moving out west as an adult
     
  20. aesther

    aesther Member

    Haha, thanks for all the help all. My trial was way back in June. Almost a year now, heh. Well, I ended up winning that bullshit and I've been smoking since. The freedom I got felt so great, and reading this thread that I forgot about just reminded me of all the b.s. I had to put up with.
     

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