Busted... dammit!

Snake-Eyes · 02-01-2010, 03:17 PM

Hey everyone,

I was recently charged with possession of marijuana, under 40 grams, in Washington state. I was pulled over for going 78 in a 70, my car smelled like pot, the officer noticed and asked me to step out of the car. Everything I had was in my pockets, which was just some papers, a roach, & a bag with about 1 gram in it. I panicked, like an idiot, and told him I had some weed when he told me I only had one chance to come clean (fuck).

He arrested me, cuffed me, and I also told him I had a couple of pills (adderall) on me. He was feeling nice that day I guess and didn't give me a speeding ticket and dumped the adderall on the ground and stomped it after informing me that it was a felony (which I didn't know).

So now I have to drive 3 fucking hours to go to court for this bullshit, and I really have no idea what to expect. I'm guessing a few hundred dollar fine, drug classes, possible probation & community service. However, I was looking up the drug laws for WA state and it says there is a mandatory minimum sentence of 24 hours... if I have to drive 3 hours just to get thrown in jail for a day for a fucking bowl, I am going to lose it.

What do I do?? How likely is it that the judge will give me a jail sentence? I cannot afford this, I could lose my job if I go to jail.

Any advice would be much appreciated.

adventure · 02-01-2010, 05:35 PM

It is what it is... thank God he got rid of the adderall... one of two things... you didnt know Amphetamines possession was a felony, or you didn't know adderall was an amphetamine... which is not to bright on your part, ingesting something you know nothing about!

Tricto · 02-01-2010, 06:53 PM

Quote:

Originally Posted by Snake-Eyes

However, I was looking up the drug laws for WA state and it says there is a mandatory minimum sentence of 24 hours... if I have to drive 3 hours just to get thrown in jail for a day for a fucking bowl, I am going to lose it.

What do I do?? How likely is it that the judge will give me a jail sentence? I cannot afford this, I could lose my job if I go to jail.

Any advice would be much appreciated.

Sorry to hear that man, and I don't wanna be the "get back on the horse" guy, but at least you're not a felon for a crime you didn't know about.

As for the possibility of jail, speaking only from personal experience, they're not going to send you to jail if your only crime was possession of pariph and weed. I hope all goes well for you stay up brotha

Edit: read adventure's response after, just wanted to add that i'm pretty certain that it's technically a felony to have prescription drugs of any kind if the script isn't for you, regardless of what it is.

~1~ · 02-01-2010, 06:59 PM

Research...

Find a lawyer who thinks pot is as okay as you do and works pro bono, or at least dirt cheap, see what he has to say on the whole thing. Might be as simple as a letter from a lawyer to the right clerk and some blood money and you may be coo'.

Don't buckle, don't panic and don't buy any bullshit LEO tries to ram down your throat. A lawyer might cost you some money but if you're worried about work it might be a good investment.

José · 02-01-2010, 07:05 PM

damn you really got lucky with the adderall. i wonder if he would have charged you for it if you didn't tell him.

**Mafoo** · 02-01-2010, 07:06 PM

you might just have to do your time. if its anything like california itll just be a class or some light punishment for the first offense. try and keep your car free from illegal stuff, theres always something they can pull you over for.

Tai-pan · 02-01-2010, 07:48 PM

First time offender? Sounds like you are going to be charged in Washington under:

64 50 401 Possession of Marijuana less then 40 grams
64 50 412 Possession of Paraphernalia

Possession of 40 grams or less of marijuana in Washington State is a misdemeanor (RCW 69.50.4014)

A VUCSA related misdemeanor is punishable by a minimum of at least one day in jail and a $250.00 fine and a maximum of 90 days in jail and a $1000.00 fine. RCW 69.50.425.

Possession of drug paraphernalia in Washington State is a Misdemeanor and is punishable by a mandatory minimum of 1 day in jail and a minimum fine of $250.00.

The maximum penalty for possession of drug paraphernalia is 90 days in jail and a $1,000.00 fine.

For conviction, the prosecutor must prove that you used the paraphernalia in conjunction with a controlled substance.

This can be shown by the presence of drug residue, proximity to certain drug related items (i.e., small zip-lock baggies, large amounts of cash, scales, etc.), or proximity to a controlled substance (i.e., a pipe located next to a bag of marijuana).

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum.

I hate to say it but it you could be going to jail for at least 24, if not 48 hours, minimum.

You need an attorney ASAP. One that specializes in drug cases and has a good record.

**Mafoo** · 02-01-2010, 08:08 PM

not necesarily true, i doubt theyll give you a paraphenelia charge for papers...

what are the actual charges anyway? just posession? youll likely be offered some diversionary option for a first offense

Tai-pan · 02-01-2010, 08:17 PM

Mafoo, that is true. Depending on the charge (and the judge he/she draws) and other aspects of Snake-Eyes' specific situation, they may be eligible for a diversion program, drug or alcohol classes, a First-Time Offender Waiver, or a Drug Offender Sentencing Alternative.

No lawyer, you probably will do some time unless you have a nice judge. Get a lawyer that knows the drug laws and you may get off with nothing more than a "Go to these drug classes, pee in a cup a couple of times and don't do it again."

Snake-Eyes · 02-01-2010, 08:58 PM

I was charged with possession of marijuana under 40 grams, thats all. I know that adderall is an amphetamine, but I didn't know that it was a felony to have it.

I've never had a drug conviction. Washington state seems pretty lax when it comes to pot, too... I believe recently there were a couple proposed legalization bills turned down, if that tells you anything about our attitude towards weed. Hopefully that will have some bearing on my case. The only trouble with the law I've had recently is just with my drivers license, nothing criminal.

However... if I go to fucking jail for a tiny bowl of weed, that is seriously, utterly fucked up.

Is mandatory minimum really mandatory... or is there a chance they'll defer my sentence?

**Mafoo** · 02-01-2010, 09:10 PM

well that would require you to actually be charged and convicted in court. you may be offered another route when you show up for your court date, plus that mandatory minimum is only for the paraphenelia which you dont seem to be charged with according to what youve said thus far

Anonymous4674 · 02-01-2010, 09:11 PM

Rule number 1 when interfacing with the pigs is keep yo' mouth shut.

Rule number 2 is NEVER believe pigs when they tell you that things will go better if you tell them the truth...

Rule number 3: Admission trumps evidence. This means that if a pig can get you to confess, he doesn't have to prove anything.

But, if you admit a crime, and then he has proof on top of that? You are fukt.

Now, go get a good criminal lawyer, and pay him well, because it's (painfully) obvious that you are incompetent to handle your legal affairs.

P.S. It's a real shame you didn't make an episode of COPS...

P.S.S. If you want to learn how to not be afraid and how to turn the tables, visit MarcStevens.net, and buy his book.

**Mafoo** · 02-01-2010, 09:15 PM

get the fuck out of here

what youre saying is not useful at this point

Snake-Eyes · 02-01-2010, 09:35 PM

yeah, like i said, i panicked. he couldn't have searched my person just because he smelled weed in the car. i fucked up.

so let me understand this... there is a difference between "mandatory minimum" and simply "minimum"? I don't have a paraphernalia charge so that doesn't apply to me I suppose, but what about the "minimum" of 1 day in jail? I am not understanding the difference here. and why the fuck would they give you a mandatory minimum of a day in jail for paraphernalia and not possession of marijuana?

is there anyone that can speak from experience here? Who has been in my position before? I'm sure others here have been pinched, too.

It just seems so fucking crazy to me that I could be going to jail for this... for a SMALL amount of marijuana. Bah. I need a toke

Tai-pan · 02-01-2010, 09:37 PM

Mafoo, actually the mandatory minimum looks to be for the Drugs themselves, not the paraphernalia per NORML's state-by-state drug laws section of their website. I'm no lawyer, just an internet surfer so Snake-eyes' your best bet is to get a lawyer that specializes in drug cases.

I guess it says this for Washington State: *Any convictions of a misdemeanor carry a 24-hour mandatory minimum sentence and a mandatory minimum fine of $250.

But again, first time offense and a good lawyer...you may never have to see the inside of a jail.

Warning: The information contained in any of my posts here are for informational purposes only. Snake-Eyes is encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer.

Did I mention to get a drug lawyer? :P

Snake-Eyes · 02-01-2010, 09:45 PM

Well fuck me running.

I keep thinking about that line in half baked... "4 years for WEED? Damn!"

Even one fucking day for weed is absurd.

Mikey · 02-01-2010, 09:49 PM

in some states they're hardcore, some dude is on his 'third strike' doing five for less then 2oz...

421 · 02-01-2010, 09:58 PM

man, i think you did the right thing by being honest with the cops by doing that, like you said, it kept you from getting the speeding ticket and a felony for the pills. not to mention the cop's not going to talk so harsh about you in court and may mention the fact that you were honest so the judge may think a little higher of you. at least its always worked for me. as for the jail time, i'd say they'll prob just give you a suspended sentence, so as long as you don't fuck up again you wont have to serve any time

Snake-Eyes · 02-02-2010, 04:42 PM

That's what I'm thinking... they'll suspend it or defer it or whatever, it seems absurd that I could go to jail over less than a gram of weed. However, this mandatory minimum thing confuses me. If it's mandatory, doesn't that mean there's no way around it?

I contacted a lawyer, they e-mailed me back. Here's what they said:

"I received your email and the request to consult on your case. I would be happy to talk to you about your situation. I would like to discuss your case further because based on what you told me, I believe there may be some probable cause issues that could be attacked. Some further information that would be helpful are the court this took place in and if you have been charged yet."

So if I decide to fight this, and plead not guilty... could the pills come back and bite me in the ass? The cop can't just decide to change his fuckin mind and be like "oh by the way he had some pills", can he? I think he took my papers, also, because I couldn't find them afterwards, but he also said he wouldn't write me up for paraphernalia, so I suspect he can't change his mind about that either... or can he? I wish I knew more about lawyer stuff.

I really don't want to spend my tax return on a lawyer... I'll pay their $500 if that's all it is, but there's no way I'm dropping a G for a lawyer.

Thanks for the advice everyone, I really appreciate it.

apathybullet · 02-03-2010, 05:01 AM

I have no advice to offer. It's such a fucking shame that they are willing to drag out this kind of shit over that much marijuana. If anyone has an excuse to be pissed at the government right now, it's definitely you at the moment. Let's hope all of those fuckers rot for this kind of shit. Dirty fucking bastards.

02-01-2010, 03:17 PM	#1 (permalink)
Snake-Eyes Old School Join Date: Apr 2004 Posts: 1,099 Thanks: 0 Thanked 2 Times in 1 Post	Busted... dammit! Hey everyone, I was recently charged with possession of marijuana, under 40 grams, in Washington state. I was pulled over for going 78 in a 70, my car smelled like pot, the officer noticed and asked me to step out of the car. Everything I had was in my pockets, which was just some papers, a roach, & a bag with about 1 gram in it. I panicked, like an idiot, and told him I had some weed when he told me I only had one chance to come clean (fuck). He arrested me, cuffed me, and I also told him I had a couple of pills (adderall) on me. He was feeling nice that day I guess and didn't give me a speeding ticket and dumped the adderall on the ground and stomped it after informing me that it was a felony (which I didn't know). So now I have to drive 3 fucking hours to go to court for this bullshit, and I really have no idea what to expect. I'm guessing a few hundred dollar fine, drug classes, possible probation & community service. However, I was looking up the drug laws for WA state and it says there is a mandatory minimum sentence of 24 hours... if I have to drive 3 hours just to get thrown in jail for a day for a fucking bowl, I am going to lose it. What do I do?? How likely is it that the judge will give me a jail sentence? I cannot afford this, I could lose my job if I go to jail. Any advice would be much appreciated. __________________ "Nothing happens for a reason. Life is just a series of meaninglessly painful and humiliating fuckups, until something fucks up bad enough to kill you." -Woods

02-01-2010, 05:35 PM	#2 (permalink)
adventure Adventure its good Join Date: Nov 2005 Location: Upstate NY Posts: 4,742 Thanks: 1,852 Thanked 1,466 Times in 1,093 Posts	It is what it is... thank God he got rid of the adderall... one of two things... you didnt know Amphetamines possession was a felony, or you didn't know adderall was an amphetamine... which is not to bright on your part, ingesting something you know nothing about! __________________ Coming Full Range

02-01-2010, 06:59 PM	#4 (permalink)
~1~ Successful Failure Join Date: Mar 2003 Location: where 'they' can't see. Posts: 10,925 Thanks: 466 Thanked 1,581 Times in 925 Posts	Research... Find a lawyer who thinks pot is as okay as you do and works pro bono, or at least dirt cheap, see what he has to say on the whole thing. Might be as simple as a letter from a lawyer to the right clerk and some blood money and you may be coo'. Don't buckle, don't panic and don't buy any bullshit LEO tries to ram down your throat. A lawyer might cost you some money but if you're worried about work it might be a good investment. __________________ "And those who are successful, be always on your guard. Success walks hand in hand with failure, along Hollywood Boulevard" Ray Davies --------------------------------------------------- --------------------------------------------------- Click Here Asshole

02-01-2010, 07:06 PM	#6 (permalink)
Mafoo nice daze Join Date: Nov 2005 Location: the anguish of anticipated transformation Posts: 5,975 Thanks: 3,776 Thanked 2,652 Times in 1,698 Posts	you might just have to do your time. if its anything like california itll just be a class or some light punishment for the first offense. try and keep your car free from illegal stuff, theres always something they can pull you over for. __________________ PLUR For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return

02-01-2010, 07:48 PM	#7 (permalink)
Tai-pan Live and Let Live Join Date: Aug 2008 Location: Up North Posts: 199 Thanks: 24 Thanked 38 Times in 28 Posts	First time offender? Sounds like you are going to be charged in Washington under: 64 50 401 Possession of Marijuana less then 40 grams 64 50 412 Possession of Paraphernalia Possession of 40 grams or less of marijuana in Washington State is a misdemeanor (RCW 69.50.4014) A VUCSA related misdemeanor is punishable by a minimum of at least one day in jail and a $250.00 fine and a maximum of 90 days in jail and a $1000.00 fine. RCW 69.50.425. Possession of drug paraphernalia in Washington State is a Misdemeanor and is punishable by a mandatory minimum of 1 day in jail and a minimum fine of $250.00. The maximum penalty for possession of drug paraphernalia is 90 days in jail and a $1,000.00 fine. For conviction, the prosecutor must prove that you used the paraphernalia in conjunction with a controlled substance. This can be shown by the presence of drug residue, proximity to certain drug related items (i.e., small zip-lock baggies, large amounts of cash, scales, etc.), or proximity to a controlled substance (i.e., a pipe located next to a bag of marijuana). When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. I hate to say it but it you could be going to jail for at least 24, if not 48 hours, minimum. You need an attorney ASAP. One that specializes in drug cases and has a good record. Last edited by Tai-pan; 02-01-2010 at 08:19 PM.

02-01-2010, 07:05 PM	#5 (permalink)
José YaHookan Join Date: Sep 2007 Posts: 3,364 Thanks: 62 Thanked 147 Times in 72 Posts	damn you really got lucky with the adderall. i wonder if he would have charged you for it if you didn't tell him.

02-01-2010, 08:08 PM	#8 (permalink)
Mafoo nice daze Join Date: Nov 2005 Location: the anguish of anticipated transformation Posts: 5,975 Thanks: 3,776 Thanked 2,652 Times in 1,698 Posts	not necesarily true, i doubt theyll give you a paraphenelia charge for papers... what are the actual charges anyway? just posession? youll likely be offered some diversionary option for a first offense __________________ PLUR For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return

02-01-2010, 08:17 PM	#9 (permalink)
Tai-pan Live and Let Live Join Date: Aug 2008 Location: Up North Posts: 199 Thanks: 24 Thanked 38 Times in 28 Posts	Mafoo, that is true. Depending on the charge (and the judge he/she draws) and other aspects of Snake-Eyes' specific situation, they may be eligible for a diversion program, drug or alcohol classes, a First-Time Offender Waiver, or a Drug Offender Sentencing Alternative. No lawyer, you probably will do some time unless you have a nice judge. Get a lawyer that knows the drug laws and you may get off with nothing more than a "Go to these drug classes, pee in a cup a couple of times and don't do it again."

02-01-2010, 08:58 PM	#10 (permalink)
Snake-Eyes Old School Join Date: Apr 2004 Posts: 1,099 Thanks: 0 Thanked 2 Times in 1 Post	I was charged with possession of marijuana under 40 grams, thats all. I know that adderall is an amphetamine, but I didn't know that it was a felony to have it. I've never had a drug conviction. Washington state seems pretty lax when it comes to pot, too... I believe recently there were a couple proposed legalization bills turned down, if that tells you anything about our attitude towards weed. Hopefully that will have some bearing on my case. The only trouble with the law I've had recently is just with my drivers license, nothing criminal. However... if I go to fucking jail for a tiny bowl of weed, that is seriously, utterly fucked up. Is mandatory minimum really mandatory... or is there a chance they'll defer my sentence? __________________ "Nothing happens for a reason. Life is just a series of meaninglessly painful and humiliating fuckups, until something fucks up bad enough to kill you." -Woods

02-01-2010, 09:10 PM	#11 (permalink)
Mafoo nice daze Join Date: Nov 2005 Location: the anguish of anticipated transformation Posts: 5,975 Thanks: 3,776 Thanked 2,652 Times in 1,698 Posts	well that would require you to actually be charged and convicted in court. you may be offered another route when you show up for your court date, plus that mandatory minimum is only for the paraphenelia which you dont seem to be charged with according to what youve said thus far __________________ PLUR For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return

02-01-2010, 09:11 PM	#12 (permalink)
Anonymous4674 YaHookan Join Date: Jan 2010 Location: Lucidity Posts: 63 Thanks: 0 Thanked 9 Times in 8 Posts	Rule number 1 when interfacing with the pigs is keep yo' mouth shut. Rule number 2 is NEVER believe pigs when they tell you that things will go better if you tell them the truth... Rule number 3: Admission trumps evidence. This means that if a pig can get you to confess, he doesn't have to prove anything. But, if you admit a crime, and then he has proof on top of that? You are fukt. Now, go get a good criminal lawyer, and pay him well, because it's (painfully) obvious that you are incompetent to handle your legal affairs. P.S. It's a real shame you didn't make an episode of COPS... P.S.S. If you want to learn how to not be afraid and how to turn the tables, visit MarcStevens.net, and buy his book.

02-01-2010, 09:15 PM	#13 (permalink)
Mafoo nice daze Join Date: Nov 2005 Location: the anguish of anticipated transformation Posts: 5,975 Thanks: 3,776 Thanked 2,652 Times in 1,698 Posts	get the fuck out of here what youre saying is not useful at this point __________________ PLUR For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return

02-01-2010, 09:35 PM	#14 (permalink)
Snake-Eyes Old School Join Date: Apr 2004 Posts: 1,099 Thanks: 0 Thanked 2 Times in 1 Post	yeah, like i said, i panicked. he couldn't have searched my person just because he smelled weed in the car. i fucked up. so let me understand this... there is a difference between "mandatory minimum" and simply "minimum"? I don't have a paraphernalia charge so that doesn't apply to me I suppose, but what about the "minimum" of 1 day in jail? I am not understanding the difference here. and why the fuck would they give you a mandatory minimum of a day in jail for paraphernalia and not possession of marijuana? is there anyone that can speak from experience here? Who has been in my position before? I'm sure others here have been pinched, too. It just seems so fucking crazy to me that I could be going to jail for this... for a SMALL amount of marijuana. Bah. I need a toke __________________ "Nothing happens for a reason. Life is just a series of meaninglessly painful and humiliating fuckups, until something fucks up bad enough to kill you." -Woods

02-01-2010, 09:37 PM	#15 (permalink)
Tai-pan Live and Let Live Join Date: Aug 2008 Location: Up North Posts: 199 Thanks: 24 Thanked 38 Times in 28 Posts	Mafoo, actually the mandatory minimum looks to be for the Drugs themselves, not the paraphernalia per NORML's state-by-state drug laws section of their website. I'm no lawyer, just an internet surfer so Snake-eyes' your best bet is to get a lawyer that specializes in drug cases. I guess it says this for Washington State: Any convictions of a misdemeanor carry a 24-hour mandatory minimum sentence and a mandatory minimum fine of $250. But again, first time offense and a good lawyer...you may never have to see the inside of a jail. Warning: The information contained in any of my posts here are for informational purposes only. Snake-Eyes is encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Did I mention to get a drug lawyer? :P Last edited by Tai-pan; 02-01-2010 at 09:53 PM.*

02-01-2010, 09:45 PM	#16 (permalink)
Snake-Eyes Old School Join Date: Apr 2004 Posts: 1,099 Thanks: 0 Thanked 2 Times in 1 Post	Well fuck me running. I keep thinking about that line in half baked... "4 years for WEED? Damn!" Even one fucking day for weed is absurd. __________________ "Nothing happens for a reason. Life is just a series of meaninglessly painful and humiliating fuckups, until something fucks up bad enough to kill you." -Woods

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)

02-01-2010, 09:49 PM	#17 (permalink)
Mikey Seasoned YaHookan Join Date: Dec 2002 Location: gulf islands bc Posts: 7,443 Thanks: 1,144 Thanked 2,246 Times in 1,475 Posts	in some states they're hardcore, some dude is on his 'third strike' doing five for less then 2oz... __________________ RIP Gov

02-01-2010, 09:58 PM	#18 (permalink)
421 Alice D. Millionaire Join Date: Aug 2004 Location: Appalachia Posts: 1,780 Thanks: 448 Thanked 106 Times in 69 Posts	man, i think you did the right thing by being honest with the cops by doing that, like you said, it kept you from getting the speeding ticket and a felony for the pills. not to mention the cop's not going to talk so harsh about you in court and may mention the fact that you were honest so the judge may think a little higher of you. at least its always worked for me. as for the jail time, i'd say they'll prob just give you a suspended sentence, so as long as you don't fuck up again you wont have to serve any time __________________ further forward

02-02-2010, 04:42 PM	#19 (permalink)
Snake-Eyes Old School Join Date: Apr 2004 Posts: 1,099 Thanks: 0 Thanked 2 Times in 1 Post	That's what I'm thinking... they'll suspend it or defer it or whatever, it seems absurd that I could go to jail over less than a gram of weed. However, this mandatory minimum thing confuses me. If it's mandatory, doesn't that mean there's no way around it? I contacted a lawyer, they e-mailed me back. Here's what they said: "I received your email and the request to consult on your case. I would be happy to talk to you about your situation. I would like to discuss your case further because based on what you told me, I believe there may be some probable cause issues that could be attacked. Some further information that would be helpful are the court this took place in and if you have been charged yet." So if I decide to fight this, and plead not guilty... could the pills come back and bite me in the ass? The cop can't just decide to change his fuckin mind and be like "oh by the way he had some pills", can he? I think he took my papers, also, because I couldn't find them afterwards, but he also said he wouldn't write me up for paraphernalia, so I suspect he can't change his mind about that either... or can he? I wish I knew more about lawyer stuff. I really don't want to spend my tax return on a lawyer... I'll pay their $500 if that's all it is, but there's no way I'm dropping a G for a lawyer. Thanks for the advice everyone, I really appreciate it. __________________ "Nothing happens for a reason. Life is just a series of meaninglessly painful and humiliating fuckups, until something fucks up bad enough to kill you." -Woods

02-03-2010, 05:01 AM	#20 (permalink)
apathybullet Broken Robot Join Date: Jan 2010 Location: Ohio Posts: 54 Thanks: 10 Thanked 8 Times in 6 Posts	I have no advice to offer. It's such a fucking shame that they are willing to drag out this kind of shit over that much marijuana. If anyone has an excuse to be pissed at the government right now, it's definitely you at the moment. Let's hope all of those fuckers rot for this kind of shit. Dirty fucking bastards.

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