I got busted with 1.3grams of stems and seeds in my room

[Dark_Man_Of_Peace]

Hey all,
Alright, so I got busted with 1.3grams of stems and seeds in my room that I rent from my parents. I have already plead guilty at the araignment. My court date is September the 14. Is there any way rhat anyone knows of that I could plead no guilty at the court date and fight it with a good chance of getting away with it? If not does anyone know what my sentence could be?? This is my first drug related offense.

[Stephenwolf]

did your parents call the cops? (unrelated just wondering) You could go to trial and try to force them to prove its pot, but that's a waste.... but if a single jury member thinks its a waste of time you might get off scottfree, trials more fun than any bargaining etc. But if the police took the stems/seeds from you then no you'll probably not be able to go to far with it..

[Lobsang]

I do not even know what country or state you are in or the dynamics of what happened or the law. Or this all happened. I would be curious to hear the full story. But did you have an attorney. And if not why would one plead guilty at the arraignment? An attorney is needed.

[Dark_Man_Of_Peace]

Alright, well I was out working when my mom called me and said that the cops had found weed in my room. When I got home I was suprised to see that there were no cops there. I called the police non-emergency number to see if any units had been to my address. They said that yes there had been. Within about 10minutes there was a cop at the door. I opened the door, what other choice did I have? They asked me If I was insert name here. Well they used my name, and I siad that I was they expained what I was being charged with. They told me what I was being charged with and proceeded to cuff me. Yes they read me my rights. I live in
Indiana.

[Lobsang]

Well how did they know that SWIM had the pot? Did they have a warrant? Who told the cops? Does SWIM live in a small town? I just do not understand this. Does SWIM have a lawyer?

In the state of Indiana from what I can see Pot laws are not the greatest. Quite harsh as I see it. But there appears to be a conditional discharge available on the first offense for small amounts. But you really need an attorney on this. I mean I still do not understand how this went down.

[Police Officer]

Originally Posted by Dark_Man_Of_Peace

Alright, well I was out working when my mom called me and said that the cops had found weed in my room. When I got home I was suprised to see that there were no cops there. I called the police non-emergency number to see if any units had been to my address. They said that yes there had been. Within about 10minutes there was a cop at the door. I opened the door, what other choice did I have? They asked me If I was insert name here. Well they used my name, and I siad that I was they expained what I was being charged with. They told me what I was being charged with and proceeded to cuff me. Yes they read me my rights. I live in
Indiana.

Contrary to popular belief, you did the right thing. If you didn't open the door that day to get arrested what would've happened is you would've got a warrant. Then you would've been arrested for the warrant whenever you were caught and taken to jail where you could bond. This costs you money, because no one ever has enough money for the total bond. This is how the bondsman stays in business.

Bondsman usually charge 10%. Say you have a misdemeanor bond of $2k (very low), that means you pay a bondsman $200. And you don't get that money back. So I guess you can say that you made a financially wise decision to open the door to get arrested. LOL

[Levithian]

Originally Posted by Dark_Man_Of_Peace

Alright, well I was out working when my mom called me and said that the cops had found weed in my room. When I got home I was suprised to see that there were no cops there. I called the police non-emergency number to see if any units had been to my address. They said that yes there had been. Within about 10minutes there was a cop at the door. I opened the door, what other choice did I have? They asked me If I was insert name here. Well they used my name, and I siad that I was they expained what I was being charged with. They told me what I was being charged with and proceeded to cuff me. Yes they read me my rights. I live in
Indiana.

Maybe that taught you NOT to call back the cops after they've been to your house? That's common sense. I mean honestly.

[lexifer]

What exactly did they say SWIY was being charged with? Specifically.

Also, SWIM is curious as to how the cops caught wind of anything. Especially since they didn't find any actual bud and only found sticks and seeds.

Seems unlikely to SWIM that they would have been doing an investigation on SWIY and finally striked when all SWIY had was the discarded material from marijuana. Only thing that makes sense to SWIM is that SWIY's mom or someone called the cops on SWIY.

Anyway, it would help if SWIM knew what the charge was exactly.

[Dark_Man_Of_Peace]

My mother thought that she smelled pot the other night and thought that I had been smoking. So she called the cops and had them toss my room. No, I don't have a lawyer at the araignment i waived that right. I am now wondering if at the court date I could ask for one.

Dark_Man_Of_Peace added 12 Minutes and 41 Seconds later...

35-48-1-19. "Marijuana" defined.
"Marijuana" means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom); or the sterilized seed of the plant which is incapable of germiniation

I have done some research and this is what I came up with.
I am now wondering what exactly a sterilized seed is. I may be able to claim that the seeds were sterilized.

[Lobsang]

Originally Posted by Dark_Man_Of_Peace

My mother thought that she smelled pot the other night and thought that I had been smoking. So she called the cops and had them toss my room. No, I don't have a lawyer at the araignment i waived that right. I am now wondering if at the court date I could ask for one.

You need an attorney immediately. There are complexities in the law that cannot be known and only a lawyer would. YOur mother may not have the right to permit your room to be searched. Under the law it may be your space just as an apartment would be. And the cops would need a warrant. And the testimony that your mother smelled pot is not probable cause. This may well be the case.

And I hope to hell you are not still living at your parents house. You should leave immedictely no matter what. That was a very very low class peice of shit thing for your "mother" to do.

But you admitted your guilt and you waved an attorney. I mean it is wayer under the bridge but GEEEEEZE...What in the hell were you thinking?????

I mean from what I can tell it is likley that you are going to get a conditional discharge and that will have conditions. I have no idea what. But also from what I can tell forget about driving for a while. Because your license will be toast if I read Indiana law correctly and what I read is current.

So ahh yeah...You need an attorney and you need to tell the judge or whomever, like the DA that you were not thinking straight and you want one now...

I mean I just do not know what the answer is once one enters a plea of guilty. I mean once one does that they have no leverage at all.

Get the lawyer NOW!!!

[Nacho]

Originally Posted by Lobsang

You need an attorney immediately. There are complexities in the law that cannot be known and only a lawyer would. YOur mother may not have the right to permit your room to be searched. Under the law it may be your space just as an apartment would be. And the cops would need a warrant. And the testimony that your mother smelled pot is not probable cause. This may well be the case.

And I hope to hell you are not still living at your parents house. You should leave immedictely no matter what. That was a very very low class peice of shit thing for your "mother" to do.

But you admitted your guilt and you waved an attorney. I mean it is wayer under the bridge but GEEEEEZE...What in the hell were you thinking?????

I mean from what I can tell it is likley that you are going to get a conditional discharge and that will have conditions. I have no idea what. But also from what I can tell forget about driving for a while. Because your license will be toast if I read Indiana law correctly and what I read is current.

So ahh yeah...You need an attorney and you need to tell the judge or whomever, like the DA that you were not thinking straight and you want one now...

I mean I just do not know what the answer is once one enters a plea of guilty. I mean once one does that they have no leverage at all.

Get the lawyer NOW!!!

+1

Definitely get out of there if you can. You don't want to risk further incrimination from your mom.

[Decstar]

Originally Posted by Dark_Man_Of_Peace

My mother thought that she smelled pot the other night and thought that I had been smoking. So she called the cops and had them toss my room.

Hey, I know your mother only did this with best intentions, but come on, WAKE UP PARENTS! Handing your kids over to the authorities is never the best thing for them! This is outrageous. What goes on in the home should stay in the home. It is YOUR job to disciplin your kids not the state's. Smoking a damn joint isn't all that bad; it certainly isn't worth getting your kid locked up for. You parents that taddle tale on your kids should be ashamed of yourselves.

Decstar added 20 Minutes and 17 Seconds later...

Originally Posted by Police Officer

Contrary to popular belief, you did the right thing. If you didn't open the door that day to get arrested what would've happened is you would've got a warrant. Then you would've been arrested for the warrant whenever you were caught and taken to jail where you could bond. This costs you money, because no one ever has enough money for the total bond. This is how the bondsman stays in business.

Bondsman usually charge 10%. Say you have a misdemeanor bond of $2k (very low), that means you pay a bondsman $200. And you don't get that money back. So I guess you can say that you made a financially wise decision to open the door to get arrested. LOL

Oh its so funny isn't it? Har-Har-Har

Decstar added 28 Minutes and 31 Seconds later...

Originally Posted by Nacho

How is it legal for the cars to be searched? If there isn't probably cause?...

"nor shall be compelled in any criminal case to be a witness against himself"-part of 5th amendment

Not having a reason to search the car and then using what they found is using you as a witness against yourself. That is why piss tests can't be used to incriminate (unless you lie about it or if they're random, even though random piss tests are just as bad in my opinion). Fuck self-incrimination.

Fuck this war on drugs. Why don't those cops go find pedos and keep them away from the schools or something?

Actually it is the fourth amendment which prohibits unlawful searches:

Fourth Amendment – Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Note that the definition of 'reasonable' is herein defined as having 'probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized'. Not just 'Oh, we are being reasonable, and we want to search your car'.

But too many people don't know their rights and they get tricked into waiving their rights and giving their consent. All you have to say is no.

Decstar added 13 Minutes and 47 Seconds later...

Originally Posted by chillinwill

i think they can search the car since it was on school property....kinda lock being able to search lockers and such....they did this randomly at my school with the lockers (just randomly searched them) when they were doing one of the two times they search for drugs....SWIM never got caught or anything besides having alcohol on him at school one time but still the whole idea of being able to search the car without a reason or consent just seems to not be right

I don't think they can, even if it is on school property, because the law says that you have the right to be secure in your person an effects, not just your house:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated

This means that they would need a separate warrant to search your car because that would be concidered one of your effects. But once you consent to being searched, you waive your rights, and they can do whatever they like.

[Dark_Man_Of_Peace]

To answer your question I wasn't thinking. Being locked up for two days and not sleeping for one second causes you not to be able to sleep.

[sylenth]

this is the same shit my crazy mother would do. good advice given here, get an attorney even if it is a state attorney & swey should hopefully get off lightly if ur story is well planned. good luck.

[Spyder]

SwiS is pretty sure that swiLob is right. If swiY pay "Rent" to your parents, this room is not considered a "Common Living Area" which she could give permission to. Totally illegal search, no doubt.

Problem is by pleading "Guilty" at the arraignment, that's it. It could be possible that this guily plea could be removed and a not guilty entered, but this would require some reason. Possibly some undue pressure on swiY at the time, blah blah. No doubt need an attorney at this point. Although, maybe a deal could be had for even lesser charges than the gram or so? swiS has had friends even get this type reduced to a disorderly conduct or something which makes no reference to the drugs (good in case for the future).

Anyway. good luck.....keep us here at the D-F posted and up to date....curious.

GOOD LUCK S

[drug-bot]

honestly 1.3 grams isnt much, swim got caught with a gram and pipe and pleaded no contest (had no lawyer) and just recieved 6 months unsupporvised probation. 90% your not going to jail for a first offence marijuana possesion , most likely just probation, but in the u.s some states still have draconian laws.
if you live in the u.s check out this site, it has marijuana laws and penaltys state by state- http://www.norml.org/index.cfm?Group_ID=4516
after you find your states penaltys then you can decide whether a laywer is nessacary.

[beena]

In England being caught with 1.3 grams of pot wouldn't even warrant a court date...you might get a caution, but just as likely is that they would jsut confiscate it. I don't know much about the legal system in America though except that it's a lot harsher than here - the one thing I do know about the court system (although I'm talking about in England, but it probably applies across the board), is that courts don't like to be messed around so if you keep changing your plea, it costs them money and if they ultimately find you guilty anyway you could be dealt with more harshly. With the little information given it seems that you're best option is to think about mitigating circumstances ready for sentencing: if you can show that it's totally out of charactor or you were under pressure, got a lot of shit going on in your life. etc, they like that sort of thing and might go easy(er) on you. I feel for you man, I really do.....don't be too harsh on your mum though, mine would probably panic and think she was doing it to 'help' me if she was in that position too....I know it sucks but ultimately you knew this sort of shit could happen....it's the risk we run.

Reputation Comments on this post:

Nice! Just honest advice......easy on the Mom too...good advice.

[Wierd Logic]

Unless they found a stash of guns or something Monkey can't imagine his parents calling the police - that stuff is on your record forever! Not a very helpful way to go about it. Swiy must have quite anti-drug parents.

[beena]

SWIM remembers leaving a half-smoked roll-up in her bedroom once (it's going back some, she must've been about 16 or 17 probably) and it disappeared mysteriously from the side. Years later SWIMs mum confessed to having smoked it just it case it was pot. SWIM asked her how she would've known if it was anyway and her mum answered that she'd actually rang a chemist and asked the pharmicist what pot would taste/smell like,etc and how it would make her feel. lol. The really funny part is, if SWIM's memory serves her correctly, at the same time this was happening SWIM really did have an eighth of hash stashed somewhere in the room - SWIM was clued up enough not to leave it lying about.
Another time SWIMs mum took some caffeine tablets on the side of her bedroom and these went missing too. Where had they gone? Well, SWIMs mother took them to the chemist to ask to have them analysed! Fortunately the chemist recognised them straight away as being pro-plus and told her as much - It makes SWIM smile though to imagine her mother doing all this running about (and smoking?!) for nothing!

Reputation Comments on this post:

"smoked it just it case it was pot". So funny. My daughter is 13, must remember this line in case I need it ...

[porchy]

Originally Posted by beena

SWIM remembers leaving a half-smoked roll-up in her bedroom once (it's going back some, she must've been about 16 or 17 probably) and it disappeared mysteriously from the side. Years later SWIMs mum confessed to having smoked it just it case it was pot. SWIM asked her how she would've known if it was anyway and her mum answered that she'd actually rang a chemist and asked the pharmicist what pot would taste/smell like,etc and how it would make her feel. lol. The really funny part is, if SWIM's memory serves her correctly, at the same time this was happening SWIM really did have an eighth of hash stashed somewhere in the room - SWIM was clued up enough not to leave it lying about.
Another time SWIMs mum took some caffeine tablets on the side of her bedroom and these went missing too. Where had they gone? Well, SWIMs mother took them to the chemist to ask to have them analysed! Fortunately the chemist recognised them straight away as being pro-plus and told her as much - It makes SWIM smile though to imagine her mother doing all this running about (and smoking?!) for nothing!

That made me laugh fair play! Quite amusing.

Also America sounds really harsh about their drug laws and shizzles makes me very glad to live in the UK. A bit off topic but im also glad that the UK cant have guns.

[drug-bot]

swims mother called the cops on him for heroin possion, the only reason she did this though is cause he used her car and wasnt back in time so she was late for work. the cops were cool, they only confiscated his dope, they said because he was so young they felt bad charging him with a class a possesion, they told him to check himself into a detox and if he didnt within 2 days theyd be back to 'see him'. he was able to hide some heroin already loaded into a syringe (he through it behind his bed as the police were coming in to his room. they also didnt take any of his empty syringes because there legal to posses without a prescription in his state.

drug-bot added 13 Minutes and 31 Seconds later...

in case you didnt read the link swim posted a few posts ago http://www.norml.org/index.cfm?Group_ID=4516 heres info on indiana marijuana law-


Indiana
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conditional drugged driving tax stamps

Details About this report

Incarceration

Fine

Possession30 g or less misdemeanor1 year*$5,000
More than 30 gmisdemeanor or felony6 months - 3 years$10,000
*Possible conditional discharge on first offense.


Sale or Cultivation30 g or less misdemeanor1 year$5,000

30 g to 10 lbs felony 6 months - 3 years $10,000

10 lbs or more felony 2 - 8 years $10,000

Sale within 1,000 feet of school, or other specified areasfelony2 - 8 years$10,000

Sale to minorfelony6 months - 3 years$10,000

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession (first offense) civil fine none $10,000

Paraphernalia possession or sale (subsequent offense) felony 6 months - 3 years$10,000

Present where knowledge of drug activity occursmisdemeanor6 months$1,000

Possession, sale or distribution conviction causes driver's license suspension for 6 months to 2 years.






Details

The possession of 30 grams or less of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. For first offenders, the court may consider a conditional discharge. For possession of more than 30 grams, the penalties range from 6 months - 3 years in prison and a fine of up to $10,000.

The cultivation, delivery or sale of 30 grams or less is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Cultivation or delivery of more than 30 grams is a felony, punishable by six months - three years in prison and a fine of up to $10,000. For cultivation or delivery of any amount of ten pounds or more the penalties range from 2 - 8 years in prison and a fine of up to $10,000.

Any sale within 1,000 feet of a school, public park or a family housing complex, or any sale on a school bus is punishable by 2 - 8 years in prison and a fine of up to $10,000. Sale to a minor is punishable by 6 months - 3 years in prison and a fine of up to $10,000.

Possession of paraphernalia can be a misdemeanor if it is committed “recklessly”, and is punishable by imprisonment for a fixed term of not more than one year and a fine of not more than $5,000. There is no mention in the statute of what “recklessly” means. Possession of paraphernalia can be a felony if the person has a previous judgment or conviction under the statute, and is punishable by imprisonment for a fixed term of one and one-half years and a fine of not more than $10,000.

Knowingly visiting a place where drugs are used is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

A person convicted of dealing or possessing marijuana will have his operator’s license suspended, his existing motor vehicle registration suspended, and his ability to register motor vehicles to be suspended.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Also see Federal Laws


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everything but beggining of paragraphs where made bold by swim ro empasize importance
http://www.norml.org/index.cfm?wtm_view=&Group_ID=4536

[Tanner Mirabel]

Shit. Wtf is wrong with SWIY's mum?? SWIM'd move out so fast and not speak to her again till she realises what she's done and the possible consequences of it.

[purplehaze]

Or, if you could have told them to get a warrant, and dispossed of the product before they got back with the warrant.

If the cops there are like most cops phaze has seen when you are rude to them they will do everything they can to get a warrant to search. Then you could get out of the charge again because the cop arrested you with a warrant that wasn't signed. LOL

Thats just water under the bridge. But I wouldn't have let them in knowing i was guilty. Just me though.

Anyways, get a lawyer, try to work the system, technicalitys. Etc. The lawyer will know how to win the case, so try to go over it with him and see the best option. A forum isn't of much use now.

[Spyder]

If swiS understands correctly, they had already searched and recovered the pot prior to returning to the house?

That being the case, swiPoliceO is obviously right, as much as anyone dosn't like it, eventually they ARE going to get you.....the more it's put off, the more costs and shit will add up, probably costs for a constable (at least around here) to come get you, then the extra court costs. These things are always best delt with head on.

swiS thinks the only defense in this case, as stated earlier, is the unlawful search of the room, and the Mothers lack of legal standing to authorize a search. Many times if living w/ someone a search can't even be authorized if a legal residence is maintained at another location.

Another problem though, may be that even though the Mother didn't legally have the right to auth. a search, the Police did act in good faith (how are they to know the rent arrangement), so depending on local laws, etc. More than likely the evidence will stay in.

Good luck though...S

[Police Officer]

Originally Posted by Spyder

If swiS understands correctly, they had already searched and recovered the pot prior to returning to the house?

Thats how I understand it too.