How is this legal?

[Only-In-The-Morning]

I went to a friend's house and leave a pipe with ashes of pot in it. I leave the house and like 15 people go over there and smoke pot and get drunk.

The police show up and find the pipe. Someone tells the police it's mine. The police charge me with paraphernalia.

But as soon as I admit to having smoked pot, the dickhead charges me with POSESSION OF MARIJUANA, saying that "because I partook in the activity, I am guilty of having posessed it at one point."

Is this even fucking legal? I'd have to pay fuckin $2,000 for a lawyer to fight it...

At 5/8/07 11:21 PM, Only-In-The-Morning wrote: Is this even fucking legal? I'd have to pay fuckin $2,000 for a lawyer to fight it...

You don't have to pay a lawyer anything to fight it. Take your case up in a court of law yourself.

[Only-In-The-Morning]

At 5/8/07 11:28 PM, Tal-con wrote: Possession of marijuana is a crime, and obviously if you have smoked it you possessed it. I don't know how you could possibly fight something you admitted to doing.

So then, why are people not arrested for coming up positive on drug tests?

[Only-In-The-Morning]

At 5/8/07 11:28 PM, CrimsonEdge wrote:

At 5/8/07 11:21 PM, Only-In-The-Morning wrote: Is this even fucking legal? I'd have to pay fuckin $2,000 for a lawyer to fight it...

You don't have to pay a lawyer anything to fight it. Take your case up in a court of law yourself.

Wouldn't be worth it because the penalty is so light. I'd be paying $2,000 to get my record partially cleared that's going to be expunged anyway.

[ForkRobotik]

Ok wait;

1. "Drug Paraphernalia" is illegal in the USA?

2. Define "drug paraphernalia," and explain how a pipe has anything to do with it. If it does, are rolling papers classified as paraphernalia?

3. Don't they send people to jail for smoking pot in the usa? Or is that only black people and hispanics?

4. How can they nail you for the pipe on hearsay? Or did you screw yourself by admitting that it was yours?

5. Wtf is wrong with the usa government, and police in general in the usa?

[Only-In-The-Morning]

At 5/8/07 11:59 PM, ForkRobotik wrote: Ok wait;

1. "Drug Paraphernalia" is illegal in the USA?

It has to have traces of pot on it, like ashes.

2. Define "drug paraphernalia," and explain how a pipe has anything to do with it. If it does, are rolling papers classified as paraphernalia?

A clean pipe or papers is not paraphernalia. It must be "dirty" paraphernalia.

3. Don't they send people to jail for smoking pot in the usa? Or is that only black people and hispanics?

Only if you "posess" it.

4. How can they nail you for the pipe on hearsay? Or did you screw yourself by admitting that it was yours?

I told them the pipe was mine.

5. Wtf is wrong with the usa government, and police in general in the usa?

where do you live?

[fahrenheit]

At 5/9/07 12:15 AM, Tal-con wrote: Courts provide a lawyer for you if you can't afford one.

Only if you have very low income, and I believe only if your the defendant (might vary state to state).

[fahrenheit]

At 5/9/07 12:13 AM, Only-In-The-Morning wrote: I told them the pipe was mine.

Which is why you were charged, since you admitted it was yours they have proof if you brought it to court.

where do you live?

In Canada, where in some places its legal to smoke pot.

[SolInvictus]

At 5/9/07 12:20 AM, fahrenheit wrote: In Canada, where in some places its legal to smoke pot.

not quite....

[fahrenheit]

At 5/9/07 12:29 AM, Tal-con wrote: or claim he wasn't aware of his fifth amendment rights, or whatnot.

Yeah, thats probably his best bet.

At 5/9/07 01:49 AM, SolInvictus wrote: not quite....

I couldnt find any credible links, only this, but its common knowledge of the lax drug laws in Canada.

[JudgeDredd]

At 5/8/07 11:21 PM, Only-In-The-Morning wrote

But as soon as I admit to having smoked pot, the dickhead charges me with POSESSION OF MARIJUANA, saying that "because I partook in the activity, I am guilty of having posessed it at one point."

I guess he read you your rights first eh?

What did you say exactly? Did you say you smoked pot in the pipe at your mates place? The wording might prove important. Like if you just said "yes i've smoked weed before", then if you could claim it was outta state, or outta country.. who knows?

Point is they are gonna make you testify under oath if you plan contest it by pleading "not guilty" on the possession charge, and (i'm not American but) i doubt you can plead the 5th on such a trivial matter, or risk perjury charges claiming something they can easily disprove.. like having that mate that dobbed you in testify against you. That's the kicker. That's why you're in the shit in the first place.

Weed is a social drug, but cases like these teach us we're better off not sharing the experience. That's what really sucks!

[JudgeDredd]

Anyway, for the charge of possession it's a typical requirement for the police to stipulate the weight in grams. In some states this is virtually nothing (< 1g, or as little as 1 seed) while in others it's perhaps police discretion upto a certain minimum weight. You had beter to do some research of your own state's law regarding weight for the charge of possession. The pipe is yours for sure, but sounds like you can easily prove that the pipe was used by others after you left, so the residual oil in the pipe cannot really be attributed to your possession. In the case of drugs it's fairly common proceedure that "what they don't have, they can't charge you for". Proving that you smoked weed is not the same as proving possession by weght. Weight is all important because it's commonly treated as a "mitigating factor".

[fli]

As a drug user this:
"Is that yours?"

And sure enough, I can bet you it will be like this:
"No, it was my friend's..."

I'm not saying don't smoke or smoke...
I admitt that I've done pot perhaps 5 times in my life starting from 21 years old.

But I know well enough the risks involved.
And if you're using pot (or any other drug)-- don't be stupid as to play loud music at night. Anything that could attract attention.

And, on the rare occasions that I drive my own car with my friends, they're forbidden to take whatever drug they have with them. Because shit happens and I can get pinned for it too just because I associate with such friends.

But in the end, it's best that you don't smoke at all...

[Boltrig]

If you admitted that the pipe was yours, you could still claim that you never used it at that time, and just took it over to your friends to show them how much of a rad rebel you are. Y'know, cause you got a pipe!

Anyway, as has been mentioned before, claim that you smoked pot in Holland or somewhere where its legal / out of their legal reach and that your pipe was clean when you left it.

[uhnoesanoob]

At 5/8/07 11:21 PM, Only-In-The-Morning wrote: I went to a friend's house and leave a pipe with ashes of pot in it. I leave the house and like 15 people go over there and smoke pot and get drunk.

The police show up and find the pipe. Someone tells the police it's mine. The police charge me with paraphernalia.

But as soon as I admit to having smoked pot, the dickhead charges me with POSESSION OF MARIJUANA, saying that "because I partook in the activity, I am guilty of having posessed it at one point."

Is this even fucking legal? I'd have to pay fuckin $2,000 for a lawyer to fight it...

Well, you really did posess it..... so yea it is.... Don't do drugs kiddos...

Unless your looking for a loophole to get out of, I got nothing.

[Nerpok]

At 5/9/07 12:20 AM, fahrenheit wrote:

At 5/9/07 12:13 AM, Only-In-The-Morning wrote: I told them the pipe was mine.

Which is why you were charged, since you admitted it was yours they have proof if you brought it to court.

where do you live?

In Canada, where in some places its legal to smoke pot.

Whoa whoa whoa where in the hell are you going to legally smoke pot in Canada?

[SkunkyFluffy]

I have an idea. Why don't you try taking responsibility for your actions instead of whining about how unfair the po-po are being? You knew it was illegal to smoke pot, you chose to do it anyway. Whether it was because you thought there would be no consequences or whatever is irrelevant. You made that decision yourself.

So suck it up and take what's coming to you.

[kidray76]

Well, you just answered your question in the body. Having just a pipe is considered what the police told you, with or without residue or actual drugs. Though, it can be a misdeamenor and you can just plead guilty and probably just get probation depending onyour history.

[Demosthenez]

At 5/9/07 11:40 AM, SkunkyFluffy wrote: So suck it up and take what's coming to you.

The cops are charging young kids for a victimless crime. I see something wrong with that, I dont know about you.

[Brick-top]

Well then YOU SHOULDN'T OF SMOKED IT IN THE FIRST PLACE!!

Fuck sake it's like someone stealing a car and getting pissed off when they get caught.

[MortifiedPenguins]

At 5/9/07 02:03 PM, Demosthenez wrote:

At 5/9/07 11:40 AM, SkunkyFluffy wrote:

The cops are charging young kids for a victimless crime. I see something wrong with that, I dont know about you.

According to criminal theory, there is no such thing as a victimless crime because all crime is a crime against society.

But in practical terms, even if it maybe a unfair law, it's still a law and the punishment will still come to it.

You know me, I don't like these laws but if someone wished to fight it, civil disobediance is the best way and he should take the punishment as the way to go.

[Paradigms]

Marijuana isn't a crime, possessing & smokes it isn't, smoking it in public or dealing it is.

[Demosthenez]

At 5/9/07 02:39 PM, MortifiedPenguins wrote: According to criminal theory, there is no such thing as a victimless crime because all crime is a crime against society.

What and whose criminal theory?

[Dr-Worm]

At 5/8/07 11:59 PM, ForkRobotik wrote: Ok wait;

1. "Drug Paraphernalia" is illegal in the USA?

Yup. Tommy Chong got arrested for it.

2. Define "drug paraphernalia," and explain how a pipe has anything to do with it. If it does, are rolling papers classified as paraphernalia?

Unofficial definition: "Shit used primarily for drugs." I don't think rolling papers are classified as such.

3. Don't they send people to jail for smoking pot in the usa? Or is that only black people and hispanics?

Oh, shut the fuck up. You know absolutely nothing about America. So many foreigners are total hypocrites, calling the U.S. ignorant when they have no idea how things work here. Saying that only minorities get arrested is an excuse by the whiny and the lazy, not fact.

4. How can they nail you for the pipe on hearsay? Or did you screw yourself by admitting that it was yours?

He screwed himself. If you hadn't done that, you probably could've gotten off.

5. Wtf is wrong with the usa government, and police in general in the usa?

Ah yes, you're most certainly in a position to judge, because you're a Canadian, a proud citizen of the world's only remaining superpower, and America's very existence is completely dependent on Canada........oh wait.

[SkunkyFluffy]

At 5/9/07 02:03 PM, Demosthenez wrote:

At 5/9/07 11:40 AM, SkunkyFluffy wrote: So suck it up and take what's coming to you.

The cops are charging young kids for a victimless crime. I see something wrong with that, I dont know about you.

Take it up with the legal system. The law is the law, and until it is overturned, it must be enforced. Selective enforcement is a far greater evil.

I personally support marijuana legalization, but until that time comes, I refuse to be party to a system which tells people there are some laws that it's "okay" to break.

[Dr-Worm]

At 5/9/07 04:24 PM, SkunkyFluffy wrote:

I personally support marijuana legalization, but until that time comes, I refuse to be party to a system which tells people there are some laws that it's "okay" to break.

What about pirating music?

[SkunkyFluffy]

At 5/9/07 04:31 PM, Dr-Worm wrote: What about pirating music?

I most certainly do not support pirating music. I don't feel that the punishments have suited the crime, but as long as it's illegal, there should be consequences. Legal free downloading is available for a lot of material, and while I agree that the recording industry has unfair practices and charges way too much for music, that's really no excuse to steal from them.

If you need to steal a loaf of bread to feed your family, I feel sorry for you. But you don't need the new AFI single.

[morefngdbs]

Only an idiot would admit to owning a pipe that was found somewhere you weren't.
You were not there, you don't know nothing.

Your in trouble because your stupid.
Your big mouth, your stupidity = you in trouble.

Maybe something good can come from this in the future.
Maybe this will teach you a very simple thing,
DON'T TALK TO PIGS !
SAY NOTHING......................................
...............not even your fuckin' name, tell them nothing.
They are not your friend, you are a number, a little tiny star on their arrest/conviction record.
They want to talk to you, you tell them & you can quote me
I WOULD LIKE A LAWYER. You Can Talk To Me Through My Lawyer.-simple-

P.S.- an arrest record can haunt you when you get older, get some help, try to get a conditional discharge. You follow the rules of the discharge, you don't end up with a criminal record.

[Gunter45]

At 5/9/07 11:18 AM, Nerpok wrote: Whoa whoa whoa where in the hell are you going to legally smoke pot in Canada?

In this case, it's mitigating, since they can't charge you for smoking pot in another country and I doubt Canada would extridite someone just to charge them for smoking pot.

At 5/9/07 02:50 PM, Potempkin wrote: Marijuana isn't a crime, possessing & smokes it isn't, smoking it in public or dealing it is.

It's a crime to possess it and smoke it, in and outside your home.

Anyway, to the OP, you don't have to pay for a Public Defender. They're hired by the state to represent you. Secondly, if the cops didn't find any marijuana on your person, they can't arrest you for possession, since the burden of proof lies on them. Additionally, they didn't see you smoking marijuana and, unless they did a blood test, can't verify that you had. As far as the pipe, you're pretty screwed on that, since it doesn't matter if the residue on it is from you or not, because you have a legal responsibility for your possessions.

[TheThing]

At 5/8/07 11:21 PM, Only-In-The-Morning wrote: Is this even fucking legal? I'd have to pay fuckin $2,000 for a lawyer to fight it...

Yes, in fact, until you pissed and sweated the marijuana out of your body, you''re still in possession of it. So, you might be able to get off the paraphernalia charge, but not the possession charge.

And dude, that's cheap for a lawyer. Cheap, low-end lawyers cost around $150 an hour. That includes all the preparation they have to do; research, interviews, prepping witnesses, etc., not just the time in the court room.