Today i was caught with 4 baggies each with about .5gms of weed in my car at school afterthey searched me and my car. The weed i had was packed into small baggies and they found a scale, grinder, lighters, a pipe (that they broke when searching my car), the ends to old blunts, and a paper that had names and money amounts on it (unrelated; i sell candy and snacks). They charged me with: public consumption of marijuana, possession of marijuana, and intent to distribute in a school zone. And i was suspended for 3 days with an expulsion hearing and I'll be getting something in the mail for court soon. This is my first offense. Ive never been in trouble before. I try to get good grades. Im well known in the school and town as polite and friendly and well-mannered. I was never read my miranda rights but was told im under arrest and being detained until my mom get to the school. I just turned 18 years old. And mu dean at school talked me into admitting that i smoked before school today, saying it'll go better for me. I was scared and told them everything i know and the truth and they refuse to believe me.
Stop posting online and consult a criminal defense attorney immediately. Anything you write on social media or the internet can be used against you. Seek a consultation without delay as these are serious offenses.
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Attorney Silva is correct - stop posting about this online. You need to consult with a criminal defense attorney as soon as possible. You can find very good ones right here on this message board (we cannot advertise for ourselves directly) or through the Find a Lawyer section of AVVO.
As an aside, the most concerning charge for you is the "school zone" charge. That carries minimum mandatory jail time. However, a good lawyer can possibly have this charge dismissed for legal reasons or dismissed as part of a plea negotiation.
There are many more sides to this story than you have written here. The criminal defense attorney you hire will investigate all the facts and circumstances and will represent you diligently.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
I agree with my colleagues. However, you should know that the "school zone" charge, if it is brought, could carry a two year mandatory minimum jail sentence, so hiring a top-notch, well-reputed criminal defense attorney is highly advisable. You sound like a decent young man -- good luck.
There are approximately 28 grams in 1 oz, so it sounds like the amount of marijuana you possessed is a non-criminal amount. This would be more helpful if you were only charged with straight possession o marijuana. You state in your post that you were charged with "possession of marijuana" and "Intent to distribute marijuana in a school zone", but I think you were probably charged with the single charge of possession of marijuana with intent to distribute, and a separate charge of school zone violation. In a possession with intent charge, the fact that the amount possessed was less than 1 ounce is not an absolute defense.
As with most drug possession cases, it will be important to analyze how the police came to 1) stop you, 2) search you and your car. The police must have a legal justification to stop you and search you. IF the stop and/or search were illegal, then the evidence seized as a result of the illegal stop/search should be suppressed.
Additionally, the circumstances of how the police obtained your statements must also be carefully analyzed. If you were in "custody" and subjected to "interrogation" by the police or someone acting as an agent of the police, then the police needed to read you your Miranda rights and obtain a valid waiver of said rights before your statements can be used against you at trial.
As you had just turned 18, this case will be heard in the adult court instead of the juvenile court. Because you were an adult at the time of the questioning, the "interested adult rule" (that is, a child must be given an opportunity to consult with an interested adult before the child can validly waive his Miranda rights) doesn't help you.
The fact that you are young and have no prior record is a good thing. It is not likely that a judge will sentence you to prison if a plea bargain is offered to the court. In most instances where a school zone violation is alleged, the school zone charge (which carries a mandatory minimum on and after sentence) is dismissed as part of the plea deal. A plea bargain being struck assumes that a motion to suppress the evidence and statements was not allowed, the likelihood of which is impossible to assess in the current forum.
You and your parents should retain an experienced criminal defense attorney as soon as possible, preferably in advance of the first court date.
Best of luck,
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.
First, don't post about this any more online. Second, you will need to hire an attorney. You are looking at mandatory minimum jail time. Possession with the intent to distribute is a fact based assessment where the commonwealth will need to call an expert witness on distribution, packaging etc... When you hire an attorney they can do an investigation and figure out what potential defenses you may have, if there are any motions to suppress or dismiss that can be filed in the case and if there is anything you can do to prepare your defense and fight the charges you are facing.
This information does not constitute legal advice. Without more information this is merely an answer to a question. If you would like legal advice tailored to your specific questions you should contact and retain a lawyer.
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