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  1. #1

    Default Caught with Weed and Pipe

    My question involves criminal law for the state of: Michigan

    I am a 19 year old college student who was sitting in my car in a park, just listening to music, when a cop walked out of the woods to the right (passenger side) of my car, walked over and asked me what i was doing, having smoked about half an hour ago, and having weed in my pocket and a bowl in my car, but not visible, i was very nervous. the cop noticing this immediatly asked me if i had been smoking anything, when i tried to dismiss it he said he knew i had been doing something so i confessed and told him i had, he asked if i had anything and i gave him a little nugget (a gram or less) and the bowl in my car. he then proceeded to search my car and told me i wasnt going to jail but i would be receiving a ticket and a court date. i ended up with a midemeanor possesion of marijuana and miwd, possesion of paraphanalia. ive consulted a site that finds lawyers in my area, and so far one of them has responding with something along the lines of proving he had no reason to approach my car, just wondering what kind of worrys i may need to have, as i really cant have anything on my record, as it would negate all of my fedral funding for school. sorry about the pages of text, but thanks for the input. and it is my first offense

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
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    1,410

    Default Re: Caught with Weed and Pipe

    Quote Quoting abusedcitizen
    View Post
    My question involves criminal law for the state of: Michigan

    I am a 19 year old college student who was sitting in my car in a park, just listening to music, when a cop walked out of the woods to the right (passenger side) of my car, walked over and asked me what i was doing, having smoked about half an hour ago, and having weed in my pocket and a bowl in my car, but not visible, i was very nervous. the cop noticing this immediatly asked me if i had been smoking anything, when i tried to dismiss it he said he knew i had been doing something so i confessed and told him i had, he asked if i had anything and i gave him a little nugget (a gram or less) and the bowl in my car. he then proceeded to search my car and told me i wasnt going to jail but i would be receiving a ticket and a court date. i ended up with a midemeanor possesion of marijuana and miwd, possesion of paraphanalia. ive consulted a site that finds lawyers in my area, and so far one of them has responding with something along the lines of proving he had no reason to approach my car, just wondering what kind of worrys i may need to have, as i really cant have anything on my record, as it would negate all of my fedral funding for school. sorry about the pages of text, but thanks for the input. and it is my first offense
    I find that very strange. Of course the policeman had a right to approach your car. He asked you a few questions, and based on your behaviour and answers he proceeded within the law.

    You should consult a local attorney ~ It will cost you, so be ready for that.

  3. #3

    Default Re: Caught with Weed and Pipe

    ive talked to a local attorney and agreed that it was strange how the officer just walked out of the woods and that it may be profiling, the only unfortunate thing is that i have no way of proving anything because ther's no record other then what the cop says happend

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught with Weed and Pipe

    Quote Quoting abusedcitizen
    View Post
    ive talked to a local attorney and agreed that it was strange how the officer just walked out of the woods and that it may be profiling, the only unfortunate thing is that i have no way of proving anything because ther's no record other then what the cop says happend
    Profiling?

    On what basis?

    Police are allowed to approach cars. They are also allowed to ask questions.

    They are CERTAINLY allowed to do both or either in a state park.

  5. #5

    Default Re: Caught with Weed and Pipe

    long hair on a guy, sometimes a flag but i know i wouldnt be able to do anything to prove it, basically im just wondering if its very easy to do the 7411 or the other thing, cant remember the name but its for first time offenders, between 17 and 21.

  6. #6

    Default Re: Caught with Weed and Pipe

    any more comments?

  7. #7

    Default Re: Caught with Weed and Pipe

    Long hair is not a flag for someone smoking dope. I'm not sure where you got that idea. Someone sitting in their car acting figity is a flag. The cop was just doing his job. As far as he knew you could have been held hostage and there was a guy with a gun to your back hiding in the back seat.
    If you are worried about losing your funding for college, stop smoking... Problem solved.
    Get a lawyer, plead your case, and hope you get off easy.
    Lesson learned.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Caught with Weed and Pipe

    Quote Quoting abusedcitizen
    View Post
    long hair on a guy, sometimes a flag but i know i wouldnt be able to do anything to prove it, basically im just wondering if its very easy to do the 7411 or the other thing, cant remember the name but its for first time offenders, between 17 and 21.
    If I were you, from what you've said so far, I would go for 7411, although at the end of the day I suggest following the advice of your lawyer. (The 'other thing' is HYTA.)

  9. #9

    Default Re: Caught with Weed and Pipe

    so, went to court tuesday, stood mute and now have my pretrial hearing on the eighth. The probation officer i saw before the hearing was nice enopugh to recommend the 7411 for my case because aparently they dont normally consider that in this area. I've got a couple of questions about the upcoming procedures, suchs as, is there a way to settle this in the pre-trial or do i have to go to trial, and should i have done a trial by judge or jury.

  10. #10

    Default Re: Caught with Weed and Pipe

    well, went to court yesterday and had my pre-trial. it went pretty smoothly, talked to the prosecutor and he took the two charges down to just use of marijuana and gave me the 7411 so i have 8 months of probation and 440 dollars worth of fines and court costs, moslty court costs as the charge was only a 50 dollar fine

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