mary j possesion charge, 1st time

[bhudda]

What is the name of your state? washington

i was checked by a fish and game officer in eastern wa. for my fishing license when he then proceeded to ask if we had smoked any marajuana, me and my friend denied this several times , he wasnt letting go , he stated he could smell it, so he asked again , i replied no. he is at this point standing right in front of me, and bent that i have weed on me. i told him i smoked a j on the way back in from the lake , long before he arrived mind you , he then says "do you have any ON you ", i say no, he says he wants to search me, i stupidly reach in and grab a small waterproof match container w/ maybe a gram in it, no more than that, that he would of easily found in a pat down anyways , he then begins a full pat down. he ends up finding a pipe and says he is gonna write me a ticket. does handing over the container screw my chances of getting a better deal. i pleaded not guilty already at the arraignment this week, and have a court date for mid-May. do i have a chance of supressing the evidence , or lack of training on the officers part as he is a fish and game guy , not a narcotics off. or something? he was persistant that i had some based only on odor, but we were out in the sage brush too. HELP IS NEEDED! i dont want any thing on my record, its the cleanest thing i got! thanks in advance for your advice and help- bhudda

 

[schools]

Sorry to hear that Bhudda.

I am in the same situation. Clean record, got busted by the DNR, same charge. I was lucky enough to be let off with just a ticket, no court time, but this is on my record, and is hindering me from getting a job, especially because I graduated with a natural resource degree. Stupid, I know.

lack of training on the officers part as he is a fish and game guy

These guys are trained in law enforcement, and it is very unlikely that this could be used against the officer.

 

[howamidoing]

Shoulda told him it was stink bait....lol

 

[The Occultist]

You willingly handed over the MJ. No matter how much of a dick he was, you willingly handed it over, so no rights were broken, so you pretty much dug yourself a very deep hole. Pleading not guilty was a poor decision as they tend to hit you as hard as they can in such instances when some form of plea bargain or a request for the diversion program would have yielded much less serious results.

 

[bhudda]

as my understanding, i am to hear about any options at my pre-trial, which is next, i wanted to try and deffer(sp) the sentence for 12 monthes or? and keep this off my record. i have heard many people who have got this option w/ a clean record. at the arraignment, all they did was ask if guilty or not. no discussion of drug treatment or defferment(sp) , just offered 24 hours in jail plus court costs that could run upwards of 600$ if i pleaded guilty. i wanted to avoid that even tho it sounds like you could do it standing on your head, remember- CLEAN RECORD, got to have it. if this , knock on all the wood, ends up w/ a guilty charge, could the judge sentence me to more then what was offered at the arraignment?

 

[bhudda]

You willingly handed over the MJ. No matter how much of a dick he was, you willingly handed it over, so no rights were broken, so you pretty much dug yourself a very deep hole. Pleading not guilty was a poor decision as they tend to hit you as hard as they can in such instances when some form of plea bargain or a request for the diversion program would have yielded much less serious results.

could i have denied him to search me? he was bent on getting me to break, so after persistant questioning, and me replying NO NO NO!, and then the request to search, i kinda like roboticallly handed it over, figured i was caught either way. ill know better for my own good next time tho , lates- bhudda

 

[bhudda]

bump'n the thread

 

[The Occultist]

could i have denied him to search me? he was bent on getting me to break, so after persistant questioning, and me replying NO NO NO!, and then the request to search, i kinda like roboticallly handed it over, figured i was caught either way. ill know better for my own good next time tho , lates- bhudda

The cop would have down a pat-down, which is within his authority as he needs to ensure that you don't have any weapons you could use against him. During the pat he would have found your box and pressed for what it was. Odds are he would have ended up with your pot anyways.

 

[bhudda]

i think im off w/ 12 mnt cont.