Pulled over for not having registration, somehow ended up getting searched.

[Zigner]

...I'm actually considering straight up moving to another country.

Your choices may be limited after your conviction for drug possession.

 

[I'ma Menehune]

Where is the justice though?

What the point of laws that no one follows? I heard people say that only 8% of Americans use drugs, that's probably not true, almost everyone I know tried pot or some type of drug. Can I possibly use the 9th amendment to say that it is my fundamental right to use whatever herb I please as long as it is not harmful to me or anyone?

I smoked for 5 years, I started when I was 19 and it helped me deal with a lot of my issues. Made me more social. Improved my eating habits. (I don't experience hunger unless I'm high or haven't eaten in days.) Made me more creative. (I'm a graphic designer.)


Reading about the ninth amendment right now, here is the link:
http://www.alternet.org/story/50404/the_'silent'_ninth_amendment_gives_americans_rights_they_don't_know_they_have


-----

I'm pretty sure with this arrest I'm over my pot phase. I'm not even in the mood to talk to people and I've been contemplating suicide, this whole ordeal made me so depressed I'm actually considering straight up moving to another country.

Dude, if this is enough to get you to contemplate suicide, I suggest in addition to an attorney, that you also seek the services of a mental health pratictioner.

 

[TigerD]

Dude, if this is enough to get you to contemplate suicide, I suggest in addition to an attorney, that you also seek the services of a mental health pratictioner.

Move to Canada first - so they can pay for your treatment instead of me.

DC

 

[Ladyback1]

What do you mean it can screw up my life? I can have a permanent criminal record for a disorderly persons charge?

Can I stall this case until the state is no longer interested in prosecuting me?

Can I keep adjourning the court date?

If I move to another state, will the NJ transgression follow me around? Can I simply not pay the fine and move away?

I was thinking about moving anyways, maybe this is a sign...

If you stall, they can (and most likely will) issue an FTA warrant (Failure to appear).

I do not have an answer about can you keep adjourning the court date.

If you are convicted of a crime, it can and will show up in any state that utilizes NCIC database. For example, if you are convicted (or take a plea bargain where you admit guilt) in NJ, and move to Nebraska, if you are stopped for speeding and the officer opts to run a criminal history on you---it can show up. Oh, and let's remember a lot of companies utilize criminal histories when hiring people.
Not paying the fine? Again, failure to appear, and a warrant can be issued. Depending on the extradition limits set by your current jurisdiction dictate whether you get sent back to NJ to face your trouble.

(and I am in no way going to argue whether marijuana is harmful---I live in a state that recognizes "medical marijuana", and I don't have an issue w/ the state law)

 

[eerlikh]

You know shockingly little about your government.

The answer to all of your stalling, running, and other silly questions on how to avoid the trouble you are already in is no.

I'm a foreigner, I came here when I was six so I had to learn most things about America by myself, no knowledge about American law was passed down to me.

I know I don't understand the system very well which is why I'm trying ask as many questions as possible to see what my real options are.


Everyone seems to say my only chance is getting a lawyer. I understand this, the lawyer is the last option if my plea bargain does not work. The cop said he'd work with me and the prosecutor. I was generally very polite to him so I think it might work if he is not a heartless *******.

But I think he wants the fine money really badly... both the prosecutor and the cop. Badly enough to ruin my life.


Also side question, if I hire a lawyer, I'll still most likely have to pay a fine? There is no way the charge will get dropped, is there?

 

[Zigner]

I'm a foreigner, I came here when I was six so I had to learn most things about America by myself, no knowledge about American law was passed down to me.

Having come here when you were a very small child, pretty much EVERYTHING you know of the law is American law.

 

[I'ma Menehune]

I'm a foreigner, I came here when I was six so I had to learn most things about America by myself, no knowledge about American law was passed down to me.

I know I don't understand the system very well which is why I'm trying ask as many questions as possible to see what my real options are.


Everyone seems to say my only chance is getting a lawyer. I understand this, the lawyer is the last option if my plea bargain does not work. The cop said he'd work with me and the prosecutor. I was generally very polite to him so I think it might work if he is not a heartless *******.

But I think he wants the fine money really badly... both the prosecutor and the cop. Badly enough to ruin my life.


Also side question, if I hire a lawyer, I'll still most likely have to pay a fine? There is no way the charge will get dropped, is there?

Since you will no longer be spending your money on pot, you'll be able to afford the fine and the attorney. Isn't that good news.

 

[eerlikh]

If you stall, they can (and most likely will) issue an FTA warrant (Failure to appear).

I do not have an answer about can you keep adjourning the court date.

If you are convicted of a crime, it can and will show up in any state that utilizes NCIC database. For example, if you are convicted (or take a plea bargain where you admit guilt) in NJ, and move to Nebraska, if you are stopped for speeding and the officer opts to run a criminal history on you---it can show up. Oh, and let's remember a lot of companies utilize criminal histories when hiring people.
Not paying the fine? Again, failure to appear, and a warrant can be issued. Depending on the extradition limits set by your current jurisdiction dictate whether you get sent back to NJ to face your trouble.

(and I am in no way going to argue whether marijuana is harmful---I live in a state that recognizes "medical marijuana", and I don't have an issue w/ the state law)

I heard that I can keep adjourning the court date, until the state sees that it is losing money on trying to process my case and will just let it go after some time. I have no idea what that time frame is... So I thought it was worth asking.

Any opinions on the ninth amendment being used to possibly argue unconstitutionality?

Also, will I get a jury? What happens if I lose the case, can I try to appeal? What is the appeal process like?

 

[I'ma Menehune]

I heard that I can keep adjourning the court date, until the state sees that it is losing money on trying to process my case and will just let it go after some time.

What fool told you that

 

[tranquility]

I'm a foreigner, I came here when I was six so I had to learn most things about America by myself, no knowledge about American law was passed down to me.

I know I don't understand the system very well which is why I'm trying ask as many questions as possible to see what my real options are.


Everyone seems to say my only chance is getting a lawyer. I understand this, the lawyer is the last option if my plea bargain does not work. The cop said he'd work with me and the prosecutor. I was generally very polite to him so I think it might work if he is not a heartless *******.

But I think he wants the fine money really badly... both the prosecutor and the cop. Badly enough to ruin my life.


Also side question, if I hire a lawyer, I'll still most likely have to pay a fine? There is no way the charge will get dropped, is there?

The cop is gone from the equation other than as a witness. The prosecutor is the only one who matters now. He is not going to deal with an unrepresented person. (Most probably.)

The reason an attorney is necessary is because the only chance you have in court is to get the search suppressed. That will be a technical argument regarding consent. You simply won't be successful with it.

The actual fine for being a disorderly person is $1000 and six months in jail. I suspect there will be no jail time. (Fine may be reduced too.) The real thing you want to negotiate is a conditional release or diversion. If you complete the program, the arrest goes off your record. I have no idea if this is automatic or if you have to request it. That is something well worth an attorney's time if it is not automatic for first time offenders.

 

[Ladyback1]

I heard that I can keep adjourning the court date, until the state sees that it is losing money on trying to process my case and will just let it go after some time. I have no idea what that time frame is... So I thought it was worth asking.

Any opinions on the ninth amendment being used to possibly argue unconstitutionality?

Also, will I get a jury? What happens if I lose the case, can I try to appeal? What is the appeal process like?

The info I provided is pretty much true of every jurisdiction, and is very broad.
I certainly am no expert in NJ law.

From what I can find, based on the amount you say you had possession: it is a "disorderly person" crime (which appears to be the equivalent of a misdemeanor elsewhere) with a punishment of up to 6 mo. in jail, and up to $1000 fine. I doubt that you will receive a jury trial, most states don't do jury trials for misdemeanors---thus no appeal, if the judge finds you guilty.

My opinion on using the 9th amendment? If you're going to fight this, you need an attorney. It does not appear that you grasp some of the basic issues and laws at play here.

 

[eerlikh]

Since you will no longer be spending your money on pot, you'll be able to afford the fine and the attorney. Isn't that good news.

I'm pretty sure I can get conditional discharge or a "diversion" by myself.

I'd only get an attorney who can completely make the entire charge go away, by possibly arguing the cop coerced me into accepting the search.

The police officer was definitely intimidating and in my personal space, holding a gun the entire time he was talking to me. He treated me like a criminal from the moment he asked me to step out of the car...

 

[I'ma Menehune]

I'm pretty sure I can get conditional discharge or a "diversion" by myself.

I'd only get an attorney who can completely make the entire charge go away, by possibly arguing the cop coerced me into accepting the search.

The police officer was definitely intimidating and in my personal space, holding a gun the entire time he was talking to me. He treated me like a criminal from the moment he asked me to step out of the car...

Maybe because the evidence says you are.

 

[Ladyback1]

I'm pretty sure I can get conditional discharge or a "diversion" by myself.

I'd only get an attorney who can completely make the entire charge go away, by possibly arguing the cop coerced me into accepting the search.

The police officer was definitely intimidating and in my personal space, holding a gun the entire time he was talking to me. He treated me like a criminal from the moment he asked me to step out of the car...

Hun? Most police officers have a gun the entire time they are talking to people. Part of their uniform ya' know.

And based on the laws of your state, you are a criminal! Sorry, that's how it is.

you have some lofty expectations regarding this case, not only for yourself but for an attorney.
And, I'm beginning to think you haven't told the entire story here...

 

[eerlikh]

I'll go get the police report whenever I can which I think will probably be Monday morning. I can scan it and post it here if you like. (I'll censor personal info.)

In my opinion it's about the money. The officer seemed to have zero issues with me after I allowed him to search my car, in fact he seemed to feel bad after he realized I was normal civilian who preferred to smoke pot. He also said that a conditional discharge will likely happen before we parted ways. (He drove me back to my car and allowed me to drive back home.)

I looked like complete **** because I was over at my friends house making art in his ceramic studio. (which is a messy process) So I was a little messy at that moment. I was also looking forward to going to bed and I was slightly sleep deprived when this happened. I kept no secrets from the officer, answered him candidly as I could without incriminating myself.

Under normal circumstances I would have at least opened my windows to freshen out the car as I pulled over... I was completely out of my element. It was horrible. I really want to cry.


I think I should just suck it up and take the 700 fine hit. But I'm also so angry, I'm ready to take this all the way to the supreme court...