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A Little Confused?

420-Makaveli

New Member
Last month I was arrested with a friend for possession of cannibis and possession of paraphanalia. Now, what I found odd was that I was in posession of both the weed and the pipe (we hadn't even began smoking it yet) and yet we are both arrested? My lawyer is a bit of a dick and said something about dual posession when I asked him and then rambled about other things, but I was just wondering if anyone could explain this to me, if they know. I live in Illinois if that helps at all. And this was both the first thing to go on our record minus a speeding ticket for me.
 

drktwr

New Member
Last month I was arrested with a friend for possession of cannibis and possession of paraphanalia. Now, what I found odd was that I was in posession of both the weed and the pipe (we hadn't even began smoking it yet) and yet we are both arrested? My lawyer is a bit of a dick and said something about dual posession when I asked him and then rambled about other things, but I was just wondering if anyone could explain this to me, if they know. I live in Illinois if that helps at all. And this was both the first thing to go on our record minus a speeding ticket for me.

Was the pipe brand new or did it have resin in it already? If the pipe was new I don't think that he could get you with that. Brand new, it can be considered art (if it's a fancy piece) or you can say its used for tobacco. But if it had MJ resin in it, then it becomes paraphanalia.
 

Dunlap

New Member
Where you in his car? I've heard of people getting arrested for things in their car even if it isn't on their person specifically. If it was just laying around where both of you had access to it, they might just be going after both of you to see which one they can take down the easiest. I really doubt both of you will get any kind of sentence though.
 

420-Makaveli

New Member
We were both in the car and I had it in my shoe after we got out of the car and the pipe did have resin in it. I know exactly why I was charged for what and all that, but he had nothing on him at all and I had everything. My lawyer said that at the very worst(since this is the first thing on my record) I am going to get 18 to 24 months of court supervision. Also, I am now pursuing that the charges be dropped because of an illegal search of my person. When the cop searched me, he never asked my permission to do so. He simply asked me what I was up to that night, examined my eyes, and then began searching me, which I guess is against my rights? I'm not too sure, all I know is I talked to my lawyer today and he sounded really excited and confident in knowing this, so I hope it's going to become something good. But I still don't understand how the officer can arrest both of us if 1) None of the pot we had on us had been burned yet or even taken out of the inside of the piece...and 2)How my friend could be arrested under the same charges if I had all of the weed and pipe on me. :hmmmm:
 

CubsRule420

New Member
Glad to hear your lawyer isn't so much of a dick anymore. If he was still a dick I'd tell you to drop him like a bad habit! If he doesn't act like he can help you, you may want to find one that at least acts as if he can help! But I think your friend will be successful to getting his charges dropped. You may have a case too...your lawyer will know the most about your state and be able to offer the best advice. You may want to look into getting on a 'Diversion Program' if your state offers them. They are basically classes you take and do some community service and your Record says Dismissed. The judges will not normally tell you and I wasn't even informed by the police. I just had friends who have done it before and I went and applied and they told me there was Felony Diversion if my charges were increased, which they werent. I was lucky a few years back myself.
 

919Guy

New Member
From what I understand, your friend is guilty by assosication, I have had a run-in similiar to this with nothing on me and my friend has everything. Nothing was burned yet paraphenila was around... The only thing your friend can do is get a lawyer to get it dropped with perhaps a little bit of community service. If the cop smells marijuana and you guys have some on you, you loose most of your rights right there allowing him to search you for further evidence. Most likely for you, all you will have is community service also... You should be in good hands..
 

TOKER_7_ODYSSEY

New Member
If the pig didnt ask u if he could search u and just started to thats illegal search and the charges will be droped because u have the right to refuse to be searched and the only way he could have posibly searched u without your permission if u were already being arrested for somthing because u have to be searched before entering the cop car
 

420-Makaveli

New Member
Well, I've got good news and bad news. The good news is my buddy showed up for court today and the judge told him they dropped all his charges. The bad news is I'm probably going to have to go to a trial to fight this. I can't wait to read the police reports and see what that pig wrote down about me. :15:
 
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