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  1. #1
    Join Date
    Dec 2006
    Posts
    6

    Default Possession of Paraphanelia

    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?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Possession of Paraphanelia

    Give us the statute numbers you are charged under.

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: 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.

  4. #4
    Join Date
    Dec 2006
    Posts
    6

    Default Re: 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?

  5. #5
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Possession of Paraphanelia

    Quote Quoting Norman101
    View Post
    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?
    Perhaps that is where you were heading to buy more MJ in a parking lot Three Rivers?

  6. #6
    Join Date
    Dec 2006
    Posts
    6

    Default Re: 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.

  7. #7
    Join Date
    Jul 2006
    Posts
    984

    Default Re: 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.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 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

  9. #9
    Join Date
    Dec 2006
    Posts
    6

    Default Re: Possession of Paraphanelia

    Quote Quoting rmet4nzkx
    View Post
    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.
    What 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.

    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?

  10. #10
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Possession of Paraphanelia

    Quote Quoting rmet4nzkx
    View Post
    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.
    He gets nailed for driving?

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