i was NEVER read them, even after i was at the station and if they didnt have to cause im a minor then my record will be wiped when i turn 18 but if i am considered an adult then they were suppose to read them so i win both ways
yea how am i suppose to prove that unless i magicly had a surveilance tape flying over us when he pulled me over...
bingo, ive been arrested 3 times for bud and never was read my miranda rights, same with all my other friends, trust me it doesnt matter if they read them to you or not.
Actually, I think technically they are supposed to read them to you, and if it was a routine traffic stop, they usually have cameras and mics, so chances are good they'll have it on tape. Might as well mention it to your lawyer, they'll know better than any of us do.
Ok thanks. I have the type of personality where I keep replaying it all In my head and I regret not eating and how could I b so stupid. This is strike 1 but if I get caught again then it rly starts getting serious. I have to sell my car to pay my rents back. 1 gram cost me my car
Shit happens, man. And only a gram? Plead not guilty, they might drop it to just paraphernalia. My boyfriend got popped with a gram a year and a half ago and he plead not guilty and they finally dropped it to just a paraphernalia charge. I don't know how things are in MO, but that's how it happened here, and you can talk to the judge about doing community service or setting up a payment plan so you don't have to bite the bullet and pay a bunch of fines all at once.
Just so everyome knows, they only have to read you your rights after they arrest you, and then only if they question you after arrest. If they ask you questions ,but you are not under arrest you don't need to be mirandized.
ok good, cause i was under arrest, and i was questioned but i wasnt read my rights also he never asked to search my car he just said "ok it smells im gna have to search it" and i think i shook my head in disapointment
Wow, tell your lawyer EVERYTHING you have told us, because that's an illegal search as well. We got busted on an illegal search as well, they raided our house without a warrant...scary shit.
You're not going to get charged as an adult. You will not spend a year in jail, or even pay $1000 dollars. I'm from Virginia, which is also a conservative state, and have seen a couple friends get charged with the exact same thing. You get a fine, usually about $250-500, 20-50 hrs of community service, and are on probation for 6 months to a year. If you're a minor, you'll get your record wiped clean, but in my state even an adult's first marijuana offense is not kept on the record. I maintain that it's a waste of time/money to get a lawyer. Yeah, most of the time it gets thrown out, but then you're stuck paying high lawyer fees and court fees which can add up to thousands of dollars, multiple court dates, and a lot of stress. Plead guilty. Relax, this is not a massive deal.
Smell is PROBABLE CAUSE. Probable casue=No warrant necessary. The whole Miranda thing is difficult. I know for a fact that if you are ARRESTED and are QUESTIONED you must be read your rights but I don't know if this applies to minors. They got you speeding (even if it was a trap, this is how the state funds parts of the budget.) The officer stated he smelled marijuana. If you had not smoked in your car that day I'd find that unlikely unless your car had not had the windows open at all. Even if you believe there was no smell, the officer will win in this case. If you were not read your rights after being arrested and questioned, you'll have to pursue some sort of evidence if in fact you had to be read rights. You'll need to talk to your lawyer on this one. Most of the rooms in a police station should have cameras, so it is a matter of obtaining the evidence. You'll have to face a judge but with a lawyer, things will be a lot easier. Your lawyer should speak for you the entire time but if the judge asks you something, you should have been trained by your lawyer EXACTLY how to answer questions. Make sure you wear a suit when you have your court date. Making an impression on the judge is key. If you have good grades, participate in something at school you may want to bring this to the judge's attention.
Actually, it's 2 years (maybe 3) AFTER the offence, so if you get busted at 17 you have to wait untill 19-20 to get it whiped clean. Atleast that is how it is here in Ohio.