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Possession of Marijuana Under 1 Gram

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  • 11-08-2007, 01:36 PM
    NikkiKanikki
    Possession of Marijuana Under 1 Gram
    Hello everyone, my name is Nikki and am I an 18 year old resident of Miami, FL. A couple of weeks ago I was at the beach picking up my friend and we got pulled over. They arrested the driver and searched the car and found about half a dime, more or less .5 g. They asked each of us if it was ours and we said no. We had no idea that it was even there under the seat, to be honest. They told us one of us had to take the blame, so instead of my friend or boyfriend getting arrested and calling their parents and the whole ordeal (they are minors, 16 and 17 respectively.) They told me that if I took the blame no one would go to jail and I'd get let off since I agreed to show up in court. This incident isn't what is of most concern to me, as this would be my first offense.

    The incident that I am asking advice for is the following. Last night my boyfriend, friend and another friend were at the beach around 2 AM. The police Explorer comes up to the life guard stand and asks us what we are doing there. We reply that we were just hanging out because it was nice and cold out on the beach tonight. They ask us if we have anything on us, so before they checked my bag I admitted that I had a bong that was not working (there was no bowl piece to place the weed and the bottom had broken off) and they continue to search my bag. They founds seeds I had forgotten about (I know, it's no less of an offense if I claim I didn't know it was there.) There were about 10 - 15 seeds and of course they put them in the evidence bag. They charged me with possesion of Marijuana again, and with possesion of drug paraphenilia.

    My questions are, does it matter if the bong was broken and not able to be used? Could this be used in my defense? There was marijuana residue on the sides of the bong.

    Also, what are the typical consequences for these charges in Florida? Is there a seperate law regarding seeds? And is there any diversion programs for repeat offenders? Any advice or information would be useful and very much appreciated.

    Thank you in advance.
  • 11-09-2007, 03:24 PM
    Mr. Knowitall
    Re: Possession of Marijuana Under 1 Gram
    Possession is possession. It doesn't matter that you broke your bong. If you weren't using it, you wouldn't know it was broken.

    To be sure I understand, the bong charge is your second offense? Are you still on probation from the first incident?
  • 11-11-2007, 11:29 AM
    NikkiKanikki
    Re: Possession of Marijuana Under 1 Gram
    No, I haven't even gone to court for my first offense.
  • 11-11-2007, 12:10 PM
    aaron
    Re: Possession of Marijuana Under 1 Gram
    So you presently have two pending criminal charges? You should consult a criminal defense lawyer.
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