Simple, maybe

Discussion in 'Busted!' started by ninjapirate350, Oct 10, 2007.

  1. ninjapirate350

    ninjapirate350 Member

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    delete this.
     
  2. dilligaf

    dilligaf Banned

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    what were the citations, possession n paraphenalia?Not being sure where you are n what the penalties normally are is hard to give a definitive answer..Depending on how much of your time you want to tie up in this and money etc, a plea of guilty to one or other of the charges may be your best option . If you wanna try n get them off your record etc, will involve more time, more money n probably a lawyer , but again each place is different n hard to say without knowing the details
     
  3. ninjapirate350

    ninjapirate350 Member

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    delete this
     
  4. dilligaf

    dilligaf Banned

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    neighbors then,,, i know when i got popped a few years back i just was honest went in n plead guilty,,, judge thought i was a bit nuts n was 650 fine for the two charges n nothing more, no probation etc.... its not a felony so it not something that has to go on a job application normally either... n the 2500 is veryhigh lol i f you not been in trouble before etc, you belooking at lower range unless ya get a super grumpified judge
     
  5. Roct

    Roct Member

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    You never should have consented in the first place--even after they threatened you with a warrant. The fact that they threatened you with a warrant may be enough to get you off if you get a lawyer--unreasonable search.

    BTW, what reason did they have that they wanted to search you after you told them no?
     
  6. skierdood

    skierdood Space For Rent

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    Yup a warrant isnt something an officer can just walk back to his car and get it takes time to process. You shouldve instead of saying no to being searched, asked why you were being searched. Always try to answer with a question that way it doenst give any details away.
     
  7. Fornax

    Fornax Member

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    Yeah you forfeited a right guaranteed to you by the Bill of Rights. For anyone that is interested, read the book called "Ask Ed: Marijuana Law, Don't Get Busted!" Lots of useful information. Especially if you have something in your car, don't let them search it!! Cops will always try the fear factor. Threatening you is the most common. That's why cops are assholes.
     
  8. dilligaf

    dilligaf Banned

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    its too late for the i shouldnt have in this situation,,, so why bash him for it now...
     
  9. ninjapirate350

    ninjapirate350 Member

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    delete this.
     
  10. Roct

    Roct Member

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    Actually you're wrong. The fact that they asked you to search your car meant that they did not have a reason to search your car. If they have a reasonable suspicion, they don't need your permission, they could have just done it. Any search after you've denied them permission is unreasonable and would have been thrown out by the first judge--you yourself could easily argue that to the judge. They also could not have brought a dog out to search your car without your permission. That's still considered a search.

    And you have 5th admendment rights to not say anything to incriminate yourself. The law isn't any different for those that admit it and those that don't. So saying that you didn't have anything would not have changed the outcome. I guarantee you that when you go before the judge, those police officers will not be there and it will not be brought up favorably that you admited you were in possession. It will come up as proof of your guilt that you freely admited you were carrying and they could search your car.

    The only thing they could have done once you denied permission was to let you go and then follow you to until you commit some other violation (i.e. improper lane change, etc). However, even a barely competent lawyer could get that thrown out based on the fact that you just previously denied that officer permission for the search just a short time before that.

    BTW, don't take this as a slam against ninjapirate, this is information everyone needs to know. And lastly, after you deny the cops permission for the search, often they'll ask you why they can't search. They're trying to trip you up and get you to incriminate yourself. Just give them a neutral answer like you "don't have the time".
     

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