Hello, My name is Kyle Sorensen. The state in which the situation occured was California, but it was also in a Federal Park, making it Federal, and I'm absolutely sure of this.
I was driving me and some friends when we were pulled over and immediatly padded down. The ranger found >o.z. of MJ on one of my friends and then proceeded to search the car. He found 1 glass pipe in the passanger door compartment, and another glass pipe under the drivers seat.
Afterwards we were all written tickets for Poss of Paraphanelia, except for my friend who recieved on poss of paraphanlia, and one for poss of MJ.
One of my friends court dates are over with, and he was convicted of poss of MJ, but had the poss of paraphanelia dropped.
My questions are:
1. This is my first time offense with anything legal related and I'm 18, what can I expect if I was convicted?
2. I have been told by a public attorney that I should plead not guilty regardless of the truth, and most likely the prosecutors will settle, or the case will be kicked out of court. Should I perhaps plead guilty, and maybe get sympathy from the judge, or plead the other sentence..I don't know the name of it but signifies that you're not guility, but you plead guility.
3. The police report says that everyone in the car admitted to smoking out of the pipe, which is a gross twist of the interview with the ranger, but will matter in court?
4. I'm willing to pay the fine, but not be convicted for it, and I've heard that's a common settlement for such cases, is this true?
Possession of Paraphanelia
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12-06-2006, 07:07 PMNorman101Possession of Paraphanelia
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12-07-2006, 05:47 AMseniorjudgeRe: Possession of Paraphanelia
Give us the statute numbers you are charged under.
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12-07-2006, 06:20 AMrmet4nzkxRe: Possession of Paraphanelia
You raise several issues here but don't give enough facts to answer you.
First of all, while you may have been in a Federal Park, the jurisdiction may well have been California even if you were cited by the ranger as there are often blocks of State/private land adjacent to access roads and the roads may be state roads. You are better off with a state as opposed to Federal charge.
That is why the statute you violated located on the ticket is important.
In your friend's case, the state may have been willing to drop the lesser charge because of the conviction of the greater charge.
The driver of the vehicle may be cited even if they were not smoking or in possession, that is why your PD is recommending that you plead guilty, because it doesn't matter what you actually did, what matters is what was found in the vehicle. Ask your PD if you can get what is termed, deferred adjudication, that allows you to serve your probation first and if you get into no further trouble, that the charges will be dropped. If you take this sort of plea arrangement be sure not to smoke or be near those who smoke MJ or you will test dirty. Depending on the county your record of arrest or Deferred adjudication may still be available to the public for background checks and the like.
Also depending on your age when you got your drivers license and whether or not it is provisional, that could be affected also.
You may wish to retain a criminal defense attorney. -
12-08-2006, 10:50 PMNorman101Re: Possession of Paraphanelia
Another issue raised, which is quite funny:
Where we were pulled over, there is an icecream/candy shop down a road a little bit. The supervising officer who overviewed the process kept making mentions to this shop, and that quote: "perhaps we should escourt them outside of the park down by Rhimers (name of candy shop) and treat us to some icecream" He repeatedly made remarks about how it was hot and how an icecream would sound nice. He mentioned it 4-5 times.
While this would be quite an innocent bribe, you can't simply have federal officers letting people go for icecream.
My question: Could this be evidence of the police officer trying to solicite a bribe, and if so could that critically affect my case as the prosecutor might immediatly drop the case with the simple whif of this? -
12-09-2006, 03:09 AMrmet4nzkxRe: Possession of ParaphaneliaPerhaps that is where you were heading to buy more MJ in a parking lot Three Rivers?Quote:
Quoting Norman101
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12-09-2006, 11:05 AMNorman101Re: Possession of Paraphanelia
I don't smoke MJ. I didn't commit the crime I've been given the ticket for, but I understand in principle that it was reasonable to recieve one.
But yes, Three Rivers, and apparently this Icecream issue is getting more serious. -
12-09-2006, 12:22 PMrmet4nzkxRe: Possession of Paraphanelia
Whether you were driving to get it, or driving someone else who was going to get it, doesn't matter, you get nailed for it because you were driving. They were not trying to bribe you, they were trying to find out where you buy it. If you were tested today how would it come out? Get a criminal defense attorney.
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12-09-2006, 09:29 PMcdwjavaRe: Possession of Paraphanelia
What were the statute numbers you were cited for? And, describe the glass pipes ... were they glass tubes used to smoke meth., opium, or crack cocaine? Or were they colored glass pipes used to smoke marijuana?
- Carl -
12-09-2006, 09:33 PMNorman101Re: Possession of ParaphaneliaWhat the hell are you talking about? Stop posting on this thread, because you sir are an idiot. Nothing you're saying is relevant to what I'm talking about. We weren't on our way to buy anything...I didn't mention anything even close in description to that.Quote:
Quoting rmet4nzkx
Trying to find out where I buy it? How does asking, "Maybe we should escourt them out of the park and have them treat us to some icecream...(chuckle)" have anythign to do with trying to find out where we buy it?
Get a criminal defense lawyer? I already stated that I have a public defender...do you even read the posts or do you just get on and masturbate to your swelled ego?
I can't believe you...are YOU high? -
12-09-2006, 10:02 PMcissycicleRe: Possession of ParaphaneliaHe gets nailed for driving?Quote:
Quoting rmet4nzkx
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12-09-2006, 10:18 PMcdwjavaRe: Possession of ParaphaneliaI think the idea is that he was in control of the vehicle where the items were found. Hence, his culpability.Quote:
Quoting cissycicle
- Carl -
12-10-2006, 03:16 AMrmet4nzkxRe: Possession of ParaphaneliaYOU SAIDQuote:
Quoting Norman101
YOU HAVE NEVER TOLD US UNDER WHAT CODE YOU WERE CITED. Ask your PD these questions. How will you test? Better learn to be polite before you go to court.Quote:
I was driving me and some friends when we were pulled over and immediatly padded down. The ranger found >o.z. of MJ on one of my friends and then proceeded to search the car. He found 1 glass pipe in the passanger door compartment, and another glass pipe under the drivers seat.
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12-13-2006, 08:01 PMNorman101Re: Possession of Paraphanelia
Yes I was driving, and the cop indeed found a pipe under the drivers seat, but my friend placed it there. The cop blatantly lied in the police report saying "I saw the driver reach between his legs" Utterly ridiculous! My friend's case is over and the pipe was his, he's willing to state that the pipe belonged to him, and that he placed it there.
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12-13-2006, 08:25 PMcdwjavaRe: Possession of Paraphanelia
Nifty! Give it a go - what the heck!
Next time, tell the cops he put it there instead of clamming up!
- Carl -
12-14-2006, 05:32 AMMr. KnowitallRe: Possession of Paraphanelia
There was only room in the passenger door for one crack pipe? You didn't say, "Hey friend, don't go reaching between my legs" or "Keep your crack pipe away from me"? Is your friend well-soclialized from third grade - if he is going to bring a crack pipe into a car, he brings enough for everybody?
Even with your friend now claiming to own two crack pipes, and claiming to have hidden them in two different places, you may find that the police and prosecutor don't believe him. -
12-14-2006, 03:46 PMNorman101Re: Possession of ParaphaneliaEveryone on this site is an embarassment to the law community. My case was dropped, the charge he cited me for wasn't even illegal. There is no California state law that says a MJ pipe is illegal. Case dropped immediatly.Quote:
Quoting Mr. Knowitall
Not only that, but the public defender has recommended that we take the officer to civil case, as he didn't have probable cause. She says 110% sure we'll win a civil case.
I'm disgusted with this site, everywhere I look is just assholes criticsizing indivduals for their petty crimes. Pathetic! -
12-14-2006, 03:59 PMrmet4nzkxRe: Possession of ParaphaneliaThen why couldn't you answer Carl's question about what code you were cited under? Please give us an update when you find an attorney who will take your case against the officer on contingency. Until then, be careful when you transport friends with drugs.Quote:
Quoting Norman101
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12-14-2006, 04:47 PMMr. KnowitallRe: Possession of Paraphanelia
He looked in the mirror and confused himself with us.... He wouldn't answer basic questions because he's an... what's that word he used? He also didn't give the basis upon which the search might have been suppressed, apparently confusing us with mind readers. And somehow along the way it became our fault that he got caught with drug paraphernalia.
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12-14-2006, 04:50 PMrmet4nzkxRe: Possession of ParaphaneliaPlease consult your Zen Teacher re your attitude,Quote:
Quoting Norman101
http://www.lioncity.net/buddhism/ind...?showuser=3993
Namaste -
12-14-2006, 04:50 PMcdwjavaRe: Possession of Paraphanelia
Most people who refer to a "glass pipe" are referring to a crack or meth pipe - which is illegal under H&S 11364. If you had said that these were glass tobacco or marijuana pipes (usually colored and fancy as opposed to simply heated glass tubes), then any of us from CA could have TOLD you that the code was improper.
You cannot expect adequate answers with inadequate information.
- Carl -
12-14-2006, 04:52 PMrmet4nzkxRe: Possession of ParaphaneliaI thought the Great Buddha promoted a different path to enlightenment?;)Quote:
Quoting Mr. Knowitall
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12-14-2006, 05:37 PMcissycicleRe: Possession of ParaphaneliaHey Carl, if the pipe had residue in it, is that illegal?Quote:
Quoting cdwjava
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12-14-2006, 05:55 PMcdwjavaRe: Possession of ParaphaneliaIf it were a usable amount of marijuana then the charge would be for possession of marijuana (a fine only violation ... $100).Quote:
Quoting cissycicle
However, if the possessor were under 18 then the violation would be for possessing tobacco paraphernalia.
- Carl