Caught with Grinder and Pipe but No Marijuana

[JTigno]

My question involves criminal law for the state of: North Carolina

I'm 17 years old, enrolled in my senior year of high school. I was stopped at a checkpoint with my friend in the car. An officer asked for my license and registration. All of a sudden they opened the door and yelled at me to get out. I got out and they put me in cuffs. They asked me if there was marijuana in the car. I said no because there wasn't, only paraphernalia. They then asked my friend the same thing and he said no as well. They searched the car and ended up finding my grinder and pipe. I got a sheet that gives me info on a court date and it says "defendant citation" at the top but also talks about charges in pretty much the same sentence.

1. confused as to whether this is a charge or citation (maybe you all can't help with that no worries)
2. wondering what is going to happen legally

I know what I did was wrong. Please do not lecture me on the personal end of the story. I told the officer the truth in terms of everything he asked although later he told me "even when I ask if there is marijuana that also includes paraphernalia" which I question a bit. Let me know guys. Thanks.

[flyingron]

A citation is the piece of paper, the crimes it references are your charges. Suffice it to say you have been arrested and charged. Your best bet is to consult an attorney. The paraphernalia charge is a misdemeanor which on your record could have serious issues by itself. You'll face up to 45 days in jail and $1000 fine (plus court costs). Jail's unlikely. There's typically a first time offender option that allows you to avoid the criminal record for a period of probation and drug classes (there will still be fees for this, start saving your money).

Here's a sad truth that you're going to learn: Never take legal advice from the cops. They're allowed to lie. They're not attorneys. They're allowed to ask you anything they want and not even warn you that they're asking you to say things or produce things that will be used against you. Contrary to what you learned from watching cop shows those "right to remain silent" warnings (Miranda) only apply to questioning they want to do AFTER they arrest you.

[JTigno]

A citation is the piece of paper, the crimes it references are your charges. Suffice it to say you have been arrested and charged. Your best bet is to consult an attorney. The paraphernalia charge is a misdemeanor which on your record could have serious issues by itself. You'll face up to 45 days in jail and $1000 fine (plus court costs). Jail's unlikely. There's typically a first time offender option that allows you to avoid the criminal record for a period of probation and drug classes (there will still be fees for this, start saving your money).

Here's a sad truth that you're going to learn: Never take legal advice from the cops. They're allowed to lie. They're not attorneys. They're allowed to ask you anything they want and not even warn you that they're asking you to say things or produce things that will be used against you. Contrary to what you learned from watching cop shows those "right to remain silent" warnings (Miranda) only apply to questioning they want to do AFTER they arrest you.

Thanks a lot. Really appreciate it. I just have a few more minor questions:

- When the second officer came up, he quickly reached and opened my door, then approached me and told me to get out. I got out as quickly as I could and he told me to face the car as he put cuffs on me. I may be completely ignorant to the law but where did the idea to put cuffs on me come from? Just out of precaution? Even my parents were a bit weirded out by that.

- I have friends who have had multiple charges like these and have gotten out of them without even hiring a lawyer or anything. They have just used what is given to them in court. My parents are going to speak to a lawyer on Monday. Apparently this lawyer may cost my Mother's whole paycheck. As much as I'm just a 17 y/o that doesn't know much, I feel like this may or may not be going a bit above and beyond. I've never had a charge before, I complied and worked with the officers, and things went smoothly. I feel as though they are really worried about my future (nothing wrong with that) to the point where they'll pay lots of money just to be 99.9% sure this will get dropped. Any outside opinion I can get on it?

-Lastly, I've been told that my charge is actually WORSE than if I were to be carrying a bit of actual marijuana instead. Pretty much everybody I've talked to has told me I should have told the officers it was not my paraphernalia. Is this true? I wanted to comply with the officers and be up front and honest. My Parents are saying that when we meet with the lawyer we may be working something out to make the story be a bit more towards that angle. Like, maybe I wanted to comply and just tell them it was mine even though it wasn't. What do you all think? Any and all information/opinion is welcomed. Just want to be clear about what I am facing as I am choosing to face my charges like an adult and will act like such. Thanks.

[flyingron]

- When the second officer came up, he quickly reached and opened my door, then approached me and told me to get out. I got out as quickly as I could and he told me to face the car as he put cuffs on me. I may be completely ignorant to the law but where did the idea to put cuffs on me come from? Just out of precaution? Even my parents were a bit weirded out by that.

Yes. If you were under arrest, it's pretty much standard procedure.

- I have friends who have had multiple charges like these and have gotten out of them without even hiring a lawyer or anything. They have just used what is given to them in court. My parents are going to speak to a lawyer on Monday. Apparently this lawyer may cost my Mother's whole paycheck. As much as I'm just a 17 y/o that doesn't know much, I feel like this may or may not be going a bit above and beyond. I've never had a charge before, I complied and worked with the officers, and things went smoothly. I feel as though they are really worried about my future (nothing wrong with that) to the point where they'll pay lots of money just to be 99.9% sure this will get dropped. Any outside opinion I can get on it?

We don't have the information enough to tell you. The lawyers are your best option however. Just because your friends got lucky, doesn't mean you will.

-Lastly, I've been told that my charge is actually WORSE than if I were to be carrying a bit of actual marijuana instead. Pretty much everybody I've talked to has told me I should have told the officers it was not my paraphernalia. Is this true? I wanted to comply with the officers and be up front and honest. My Parents are saying that when we meet with the lawyer we may be working something out to make the story be a bit more towards that angle. Like, maybe I wanted to comply and just tell them it was mine even though it wasn't. What do you all think? Any and all information/opinion is welcomed. Just want to be clear about what I am facing as I am choosing to face my charges like an adult and will act like such. Thanks.

Your friends are far from legal experts. Saying "this isn't mine" doesn't really work for possession charges. It was within your constructive control. Don't make up stories for the lawyer. The lawyer is the one person you need to be 100% truthful and open with (as opposed to the cops). Actually, less than half an ounce is a lesser charge the paraphernalia. However, it's really neither here nor there in your situation.

[JTigno]

Yes. If you were under arrest, it's pretty much standard procedure.


We don't have the information enough to tell you. The lawyers are your best option however. Just because your friends got lucky, doesn't mean you will.

Your friends are far from legal experts. Saying "this isn't mine" doesn't really work for possession charges. It was within your constructive control. Don't make up stories for the lawyer. The lawyer is the one person you need to be 100% truthful and open with (as opposed to the cops). Actually, less than half an ounce is a lesser charge the paraphernalia. However, it's really neither here nor there in your situation.

Once again, appreciate the helpful info. One other question as I am continuing down this path of legalities, lawyering up and such..

In terms of choice in representative, I have the option of the free/given attorney, or a fairly expensive lawyer. Would you, or anybody else be willing to kind of spell out what the outcome would be if I were to choose either or? I'd just like to get a bit of a grasp upon what my options are and how much they would benefit me in the long run. Some more in depth essences of the question being how much confidence I can put in them (in getting it dropped, in representing me, etc.) and what kind of things I would have to do afterwords (community service, fines, etc.), Thanks so much for the help!

[PandorasBox]

First: I am going to sound like a complete and total b***h. But I am going to help you, be upfront, so keep reading.

You have the option of a free lawyer or an expensive one. Well....you're 17. So looks like Mom and Dad's finances will be taken into consideration to decide which you do. And since you are 17 and have a car, I don't think you/your parents will qualify for the "free lawyer".

Now to explain this a little more:
- First off: The "free" laywer (aka "Public Defender") is not free. Expect a payback obligation of a $250+. IF (see above...your parents get to turn over bank statements, etc)....I think you are looking at the $1500+ option.

Both the Public Defender and the Expensive Lawyer will have the same training. Difference is....Public Defender will have more cases, therefore less time to spend on your case. Expensive Private Attorney will have more time to spend on your case....

You should do this NOW: This is not a guarantee of anything since I am not the lawyers or judge, just a volunteer here, but these are some good steps.
- Get a job. McD's, whatever. (Lawyer/court costs/fines....you owe your parents a few thousand dollars). But getting a job.....showing up on time, give your paystubs to your lawyer.
- Start attending Narcotics Anon meetings.
- Stay clean. Forget just a urine check. There are other ways to test if you have been toking.
- Ask your lawyer for a First Time Offender Program. Please note....you can only use this one time.
As for lying...don't lie to your lawyer. Know what? Your parents will be signing an agreement....and paying up front. You lie...your lawyer can drop you as a client and keep your parents money.....

Evidence:
- Grinder.
- Pipe.
(And both items likely contain traces of marijuana and fingerprints and DNA that matches you....didn't think of those did ya?) You can see why the expensive lawyer is looking better and better and better.....

Next: Your car likely had the smell of pot in it, so the police smelled it when they pulled you over. Good reason to search the car. You admitted to parapernilia. (Your statement and the para will be presented as Evidence) Your car probably smelled of pot...good enough for Probable Cause Search.

[JTigno]

First: I am going to sound like a complete and total b***h. But I am going to help you, be upfront, so keep reading.

You have the option of a free lawyer or an expensive one. Well....you're 17. So looks like Mom and Dad's finances will be taken into consideration to decide which you do. And since you are 17 and have a car, I don't think you/your parents will qualify for the "free lawyer".

Now to explain this a little more:
- First off: The "free" laywer (aka "Public Defender") is not free. Expect a payback obligation of a $250+. IF (see above...your parents get to turn over bank statements, etc)....I think you are looking at the $1500+ option.

Both the Public Defender and the Expensive Lawyer will have the same training. Difference is....Public Defender will have more cases, therefore less time to spend on your case. Expensive Private Attorney will have more time to spend on your case....

You should do this NOW: This is not a guarantee of anything since I am not the lawyers or judge, just a volunteer here, but these are some good steps.
- Get a job. McD's, whatever. (Lawyer/court costs/fines....you owe your parents a few thousand dollars). But getting a job.....showing up on time, give your paystubs to your lawyer.
- Start attending Narcotics Anon meetings.
- Stay clean. Forget just a urine check. There are other ways to test if you have been toking.
- Ask your lawyer for a First Time Offender Program. Please note....you can only use this one time.
As for lying...don't lie to your lawyer. Know what? Your parents will be signing an agreement....and paying up front. You lie...your lawyer can drop you as a client and keep your parents money.....

Evidence:
- Grinder.
- Pipe.
(And both items likely contain traces of marijuana and fingerprints and DNA that matches you....didn't think of those did ya?) You can see why the expensive lawyer is looking better and better and better.....

Next: Your car likely had the smell of pot in it, so the police smelled it when they pulled you over. Good reason to search the car. You admitted to parapernilia. (Your statement and the para will be presented as Evidence) Your car probably smelled of pot...good enough for Probable Cause Search.

Thank you for the upfront honesty. It really is appreciated and helps a ton.

[John_28]

How can this search be legal? The police did not have a warrant.

Was there a smell of marijuana coming from the car? Was the paraphernalia in plain sight?

[PandorasBox]

No...they had PROBABLE CAUSE. Yes, some states have random check points. But let's say you are pulled over and your just stinks of pot....that is probable cause for a search.


Think of it like this. I'm sorry, but smokers - cigs, pipes (legal tobacco and wacky tobaccy), cigars).....you smoke, you stink. Cig smokers, even your hands will look different after a while. Your house - your walls will be more yellow than white after time. You will carry that odor of smoke with you no matter how hard you try not to, it will absorb into your lungs, your pores, your clothing, your car........

Yeah, he could have said no to a search and "I want to call my lawyer". But....while he is calling his lawyer, the cops are calling for a search warrant of his entire vehicle and home address, probable mental health eval.....

- - - Updated - - -

You are welcome.

Next piece of advice: Go get your car detailed (in other words....thoroughly and professionally cleaned, vacuumed, shampooed inside and out - ok, it won't be cheap. Don't try to do this yourself. Take it to a dealership, and do expect it to be around $200.) I hope you are no longer smoking weed, but....the smell will linger. If you should get pulled over for speeding, you don't want them thinking of a song that was written longer than you have been alive "oooh that smell, can you smell that smell....."

When you go to court....you do not want any lingering odor of pot on you.

Next thing: For court....
17, your parents will likely have to come with you (some states still consider you a minor, some an adult, so I don't know if you are going to Juvenile Court or Adult Court). I still stand by the get a job thing, because you are going to owe money down the line.....lawyer, or your parents for the lawyer, and court costs/fines, etc. You may get probation, random drug testing or Community Service (and ya get to pay for it too....). So aside from the job looking nice, you need the money...


More for court:

- Arrive early. Expect to go through security as you would at an airport. Get the search done. Ask where to sign in at (Hi, I am scheduled with Judge Judy at 9 am, where do I sign in at"), sign in, and it is good to ask in advance where to meet your lawyer at.

- Clothes: Use logic. Remove piercings, cover tattoos, dress NICE - seriously, you don't need a tux or suit. But a pair of dress pants, a dress shirt, dress shoes. Hair clean. If you are a dude with long hair, pony tail and tuck it down the back of your shirt. I think you are a dude, but if not, minimal makeup.
- The Judge is "Your Honor".
- Be respectful.

Yes, it is a scary process. Now you can learn from it.

One more thing....get enrolled in an anti-drug class. Have the receipt and paperwork when you go to court. You may also call the court and ask if there is a specific one they recommend.