Student Caught With Marijuana at School

My question involves criminal law for the state of: South Dakota.

About a month ago I had marijuana on me in school. I got searched by the police. I had paraphanielia, 5 seperate bags. 1 bag had about 2 grams. All the other small bags had about a half gram each. It has already been over a month since this incident. I'm not sure yet that my exact charges will be. I could be charged for possesion, paraphanielia, dsitribution, and marijuana on school property. I may or may not be tried as an adult. I am not yet sure.

If I am being charged with distribution I plan on pleading innocent for that. But guilty of possesion, paraphenielia, and marijuana on school property.

I have not had any drug charges on me before. 2ish years ago I was sentenced to 8 months of juvinile probation for shoplifting a $6 item. But that is my only other legal offense/charge I have ever had.

What will I be charged with? How will I know if I'm being tried as a minor or an adult? Which one is more likelly to happen? What can I do to help me out of this situation? If I get sent to a jail or prison would I be able to get bailed out? How much money would probably be on my bail? I want to do everything I can to not get sent to jail or prison or even a juvinile detention center or department of corrections. I'm wanting to get maybe 6 months of probation max if its possible. Any help at all would be greatlly appreciated.

Thank you..

Since it appears you were distributing that is a likely charge. We do not have a magic 8 ball handy. It is out for calibration. Why should we care what you wish. Your wish is unlikely to be granted by Santa Clause BTW.

Would going to a rehabilitation center possibly help?

Not for a dealer.

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Quoting 9010

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Would going to a rehabilitation center possibly help?

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Quoting Disagreeable

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Not for a dealer.

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I am not a dealer though. I used to deal like 3 years ago but I haven't sold any drugs (legal or illegal) to anyone since then. When I bought the weed my dealer gave it to me like that. He said that they weren't all exactly half a gram. Each bag weighed a little bit different. So if the police department weighed it and realized that they were all the same wouldn't that help me in court?

Oh good heavens no - hon, you're not getting out of this one based on a very minor technicality. I know Law & Order does it, but here in the real world? Not so much.

5 separate bags does tend to suggest that you're dealing.

What you need more than ANYTHING else is an attorney.

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Quoting Dogmatique

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Oh good heavens no - hon, you're not getting out of this one based on a very minor technicality. I know Law & Order does it, but here in the real world? Not so much.

5 separate bags does tend to suggest that you're dealing.


What you need more than ANYTHING else is an attorney.

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The only way I plan on getting an attornet is if I get charged with distribution or tried as an adult. And would you possibly know if I would be tried as an adult or a minor?

I also know that I'm under some sort of investigation. I believe it is so they can determine if I'm a dealer or not and to figure out if I'm cleaning up my act. As long as I stay clean and out of trouble then how long should it be until I get my court summons papers? I already been over a month since the incident happened.

They have until the statute of limitations comes to charge you. Could be a few years.

This is why you need an attorney.

You have a shoplifting conviction and now this.

The attorney would also know how your judge tends to rule

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Quoting Disagreeable

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They have until the statute of limitations comes to charge you. Could be a few years.

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How long is the Statute of limitations for South Dakota? And don't they have to personally hand you the summons papers? If they don't then you don't have to go to court until they finally hand it to you? So if I was out of town maybe for until the Statute of Limitations passes then I would never get charged for it? Or would I be free and just have to not get in trouble again? Because I'm guessing if I had another offense then they would bring back these charges?

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Quoting Dogmatique

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This is why you need an attorney.

You have a shoplifting conviction and now this.

The attorney would also know how your judge tends to rule

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Actually my father is a deputy sherrif and works in the court room with the judges. So I have to get a different judge from a different location that doesn't personally know my father.

So your dad cannot tell you simple things about the law? They can charge you whether you are home or not. Usually, you will just get arrested and dragged back.

Am I more likelly to be charged as a minor or any adult? Would anyone know? And if I'm charged as a minor what is more likelly to happen to me?

You haven't told your parents, have you?

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Quoting 9010

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Each bag weighed a little bit different. So if the police department weighed it and realized that they were all the same wouldn't that help me in court?

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Judge: You appear to be a dealer. You had five bags packaged for resale.
Defendant: No, they were all for perosnal use. No dealer would package drugs with different weights.
Judge: Why, then, did you have five different bags?
Defendant: That's how I got them from my dealer.

Hm.