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  • itt jerome scuggs asks for legal advice

    ok so a few days ago me and some friends decided to go camping up in arkansas. me and my buddy stafford took my brother's SUV, and four of our friends rode in my pal noah's new car.

    3 nights before we left, my pal noah got a new car. it's a cadillac STS, bright blue with glittery pain, rims, a trunk with a neon sign that says "ballin" on it. (my friend noah is white, btw). needless to say, it's a cop magnet, and the night before we left noah got ambushed - someone called in his car in a parking lot as 'suspicious' and he got ambushed, at gun point, by 4 cops who found only an empty beer can, so they charged him with having an open container and let him go. it's lucky for him - the cops really did violate his rights, they were thinking it was some banger with coke but it was just an 18 year old kid with a beer. but he's lucky because he's on probation so a wrong move and he's gone.

    that didn't stop noah from loading up like 6 cases of beer. we put 50 beers on ice in noah's car and tossed the cases in my car, under some blankets and food and shit. (none of us are 21 and i like to ride as safe as possible)

    we make it to the forest park, and we're looking for a campsite. i'm following noah who pulls up to a police officer (park ranger, whatever) and asks him if there are any more campsites down the road we were going, there weren't, so we turned around and park at a spot.

    let me explain something - me and my friend stafford are relatively normal citizens of society - neither of us have records, we don't fuck with the law, we have good GPA's, etc etc etc.

    the guys we were with... another story. In the other car was a group of pretty sketch guys. Noah, the driver, is on probation for a reason - most of them alcohol-related. Riding shotgun was Devoncie, this black kid who was pretty white (he had braces and an iphone, ffs), he sells the kindest buds. In the back there's Dylan, who's a tall guy who can find acid like it's his job, and next to him is Josh - an Irishman mechanic who's probably the best off, works hard and is trying to get back into college - but he loves to have fun and doesn't mind taking alot of risks.

    They're not criminals, they just like to have fun, and for the most part we manage to be safe enough.

    On this particular day, though, we ran afoul of Johnny Law. It's not hard to guess why - the cops must have seen six kids, one (Noah of course) wearing an "I <3 Beer" hat, and put two and two together. I'm guessing they doubled back to find us after we stopped to ask them about the area.

    So yeah, we're unpacking shit at the campground and Noah comes down with the officer and says "hey, these guys want to talk to us for a minute". We all look around and we know exactly what's going down.

    From what Noah says, they came right after we got out - everyone but Noah had grabbed a bag or two and brought it to the campsite, so most of our shit was still in the cars - and both cars had their trunks and a few doors open.

    We walk over to Noah's car, and the cops start. They ask for our ID's, ask our ages, etc etc. The cops were actually very cool and reasonable... I mean, it's summer, at a camp, of course this guy must deal with underage posession alot.

    Right here is where I do the math: I have beer in my car, alot of it, that hasn't been found. And there's weed - Devoncie had alot of really, really kind bud. Stafford, the guy who rode with me, had alot of schwag. I figured the other guys probably had weed on them as well.

    The cop begins explaining the situation. He says he found beer in Noah's trunk, and it's illegal to posses alcohol underage. The other cop then starts poking around my SUV, asks who it belongs to, so I go over there and talk to him. He asks me if I have any alcohol, I say "no". He asks me if I'm sure, and so I put on the nervous front (though to be honest i didn't have to try to hard at this point) and say "well... I'm pretty sure...", and I start tossing things around in my trunk, lifting things up, etc. I'm doing this because I know exactly where the beer was, and so I'm able to show the cop enough so that he's satisfied.

    (For the record, if you are familiar with SUV's: my brother drives a Mazda Tribute (the rebadged Ford Escape), and to pack for the camping trip, we folded down the rear row of seats so everything from the driver's seat back was floor for equipment. Right behind the passenger seat was the beer, under a few pillows, blankets and stuff. Basically - the only way the cop could have seen the beer was if he had opened the passenger-side rear door... which was the only door that wasn't opened.

    So the cop shines his flashlight around and is satisfied, but then he pulls a new trick. He gets a serious look on his face (up until this point they were being good ol' boys, shooting the shit with us and being really cool about the alcohol) and says, "so where's the pot?". I immediately respond that I do not have any on me. He reminds me that he can search me and if he finds anything, I'm a goner, so I tell him "hey, if you suspect it, feel free to search me". I said that because the pot question was out of left field - there was no way he had any reasonable suspicion unless the fact that teenagers often pair alcohol with marijuana is considered "reasonable suspicion".

    Up until this point, I really am pretty nervous - I had just lied to a fuckin' cop, one of my friends had a record (and was not even supposed to be in Arkansas, it's a violation of his parole to leave the state), and the cop who said "you know, if I find out you're lying..." is now wandering around my car, dangerously close to opening the one door that would probably have sent me to jail.

    But then the cop looks me right in the eyes and says, "Look, your friends said the weed was in this car." At this point I'm fucking incredulous - did this fucker just say that? I knew it was bullshit for a few reasons - one was that my friends were all experienced with cops, and the first rule of anyone who's been through that is "no snitchin". Second, at this point it's been like ten minutes, and the cops had been talking to all of us at once until the cop took me over to my SUV to look through it, so I know he's had no time to actually even talk with the others.

    This time I look him back right in the eyes and say "No. I don't have any marijuana on me, or in my car." He asks me if I'm sure, and this time I answer a definite yes... and that's that. He and I walk back over to the rest of the gang. They ask Noah if they can search his car (until now they had only been in his trunk), and what happened next was one of the most beautiful things to witness - the subtle exchange of glances between Josh, Noah, Devoncie and Dylan. It was a split-second and then you would have missed it, and then Noah says "yeah, go ahead." They rake through the seats, glovebox, door compartments and they don't find anything.

    (For the record: besides the tents, the only other thing we had brought down to the campsite when we first arrived was Devoncie's backpack which had his weed. Josh had his weed in his pocket, and Stafford had put his weed under my seat in an innocent-enough looking pencil pouch).

    After they satisfy themselves, they get us all together and make us pour out the icechest of beer. We do our best to act bummed, Noah keeps offering the cops a beer or two. After we pour out all fifty beers, the cops ask us who the beer belonged to. None of us say anything, so they give us a choice: all six of us can get ticketed, or just one person if they take the hit.

    Once again I'm doing the math. Noah's got a record and shouldn't even be with us. Josh has a record, but it's history cause he's more or less straightened out. Devoncie was the youngest and it wouldn't be nice to start off his early adulthood with a posession charge. Dylan's record was clean as well, but he's got enough to deal with, personal things. Stafford's record was pretty clean, a few speeding tickets, but his parents would definitely kill him.

    So I volunteered to take the charge. I don't have a single blemish on my record - not even a speeding ticket.

    This is basically where I'm at now. The cop was cool and didn't take/suspend my license. He said if I called in and explained that it was my first offense, all I would have to do is pay the ticket (my friends said they'd cover it for me, awesome) and it would go away after 6 months.

    I know I should just stick with that, but I'd like to get out of it altogether if I could. Another friend of mine was recently in a similar situation - him and a buddy got caught with weed, but since he was the older guy, he was charged, even though he didnt actually have weed on him. He got off of his charge by making that argument.

    Ironically, I have little to no experience at actually dealing with the government legal system. Should I try to fight it, or should I pay up and shut up? Do I even have a case to make? How does the court hearing go down - do the cops come to testify? If I do make my case, would they then try to charge my friends? I've been told to just pay the thing and wait 6 months, but I'd like to clear it if I can with minimum effort. But if I go this route - how will this affect, say, job-seeking?

    Help appreciated.
    NOSTALGIA IN THE WORST FASHION

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  • #2
    First of all, you're all criminals. You break the law (illicit drugs), you commit crime, that makes you a criminal.

    Anyways, because you admitted it to the police officers, and you were ticketed for that, you cannot really make a claim of innocence after telling the law enforcement officers it was your beer. You consented to any searches they performed, so you cannot claim there was an illegal search.

    It is true you all would have been ticketed had no one took responsibility (the same thing can happen if you had an oz of weed under the seat and get pulled over and they find it and no one claims it--you all get possession tickets.

    Anyways, with a clean record (and really no chance of getting out of it), you're going to want to just pleade guilty and pay the fine... if you actually have to go to court and talk to the DA instead of just mailing in the fine, or if you can pleade by mail to the DA with a letter, a plea of guilty can often result in a reduced charge, which is obviously good. I wouldn't try to fight it, in any way, because that always leads to larger fines and more punishment then just pleading guilty if you take it to trial and what not.


    I mean, all in all, it's a violation. No criminal record, no jail time, just a relatively small fine. Nothing to lose sleep over, nothing that will jeopardize your future. Anyways, good luck.
    1: Pasta <ER>> lol we are gona win this bd talking about porn on our squadchat


    1:EpicLi <ZH>> but should i trust you, you are mean to the ppl
    1:trashed> wha
    1:EpicLi <ZH>> you will hack into my computer and steal my child porn
    1:trashed> i am a very nice person actually.
    1:trashed> i do not steal other's child porn
    1:trashed> i download my own

    sigpic




    1:turmio> i was fucking certain that the first time she would touch me i would come

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    • #3
      get some pro legal advice.. Dont know much about the legal system over there but you are still innocent until proven guilty and with a decent lawyer it could be difficult for them to prove your guilt.. informally admitting to the cops is not proof... There is a good chance they wont even bother to show for such a petty offense and this should almost guarantee a not guilty verdict.


      First of all, you're all criminals. You break the law (illicit drugs), you commit crime, that makes you a criminal.
      We cannot, by total reliance on law, escape the duty to judge right and wrong... There are good laws and there are occasionally bad laws, and it conforms to the highest traditions of a free society to offer resistance to bad laws, and to disobey them. - Alexander Bickel
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      • #4
        Originally posted by TagMor View Post
        get some pro legal advice.. Dont know much about the legal system over there but you are still innocent until proven guilty and with a decent lawyer it could be difficult for them to prove your guilt.. informally admitting to the cops is not proof... There is a good chance they wont even bother to show for such a petty offense and this should almost guarantee a not guilty verdict.

        No lawyer is going to do it pro bono. Any legal advise, pro bono, would be to plead guilty for a reduced sentence. Any cost of hiring an attorney would heavily outweigh the actual cost of any fine, as the retainer would be much more expensive... not to mention, if you lost the case, you'd have to pay for a lawyer as well as the fine (which would be more then if pleading innocent in the first place).

        And an addmitance to a law enforcement officer is sufficient proof for conviction... it happens a lot with "excited utterence" cases (not the same that applies here, but still is enough to convict).

        I have a Bachelor's degree in Criminal Justice & Criminology, and spent a semester interning with a county judge, a summer internship with a local police department, and a summer internship with the county District Attorney... I have a general idea how the system works.


        edit: and since it's just a violation, you can't get a public defender.
        1: Pasta <ER>> lol we are gona win this bd talking about porn on our squadchat


        1:EpicLi <ZH>> but should i trust you, you are mean to the ppl
        1:trashed> wha
        1:EpicLi <ZH>> you will hack into my computer and steal my child porn
        1:trashed> i am a very nice person actually.
        1:trashed> i do not steal other's child porn
        1:trashed> i download my own

        sigpic




        1:turmio> i was fucking certain that the first time she would touch me i would come

        Comment


        • #5
          if youre faced with a minor and thats it, just leave it.

          i've got one (nabbed in my back yard at that, stupid fucks)

          was a fine of 120 bucks or something and never heard of it again.

          easier just to pay the money


          1996 Minnesota State Pooping Champion

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          • #6
            im live in arkansas now, and you were gonna get a ticket one way or the other. Cosider it lucky they found no other drugs. Pay the fine and be done with it. Heck your friends are buying and its gonna be off your record. So i say just man up to it. Plus if your friends are gonna do something stupid you can use this situation as a future out.
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            • #7
              You won't get anywhere without a lawyer, and a lawyer will not be cost-effective with a charge this small. I would pay the fine and forget about it, and try to get some pro bono advice in terms of what lesser charge you can plead to (there's usually at least one) to reduce the fine.

              Cops do not usually show up at the courthouse for stuff like this.

              You got off very easy BTW. I know you think some of the stuff the cop said was kind of sketchy/dubious, but they can do much worse without facing any repercussions for their actions.
              Originally posted by Ward
              OK.. ur retarded case closed

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              • #8
                If you try to fight it, they'll go after your friends in question. The only way you're getting out of that is by selling someone else out. They'll know about the friends, because the cops that were there will come to testify at a trial to fight it. You got off real easy with the charge by getting a misdemeanor ticket and you're done with it.

                As long as your friends are putting up the money, I don't see a problem with it. Just don't do something stupid afterward.
                DELETED

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                • #9
                  Just pay the fine and be done with it. The cops won't show to testify at court for something this minor, but don't try to screw around just because of that. This is a fairly common and minor violation, if you just pay the fine and are extra-careful for the next six months, this will all be gone.
                  7:Warcraft> Why don't white people hit their kids anymore?


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                  • #10
                    lol voth, most of the time cops have nothing better to do than show up in court, but in houston if u go to traffic court on a sunday the cops NEVER show up cuz they dont have the sunday court dockett - a not very well known secret.

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                    • #11
                      Originally posted by Money View Post
                      lol voth, most of the time cops have nothing better to do than show up in court, but in houston if u go to traffic court on a sunday the cops NEVER show up cuz they dont have the sunday court dockett - a not very well known secret.
                      Many of my friends have received the same ticket that jerome did and they all said the cop never showed up to court.
                      7:Warcraft> Why don't white people hit their kids anymore?


                      Duel Pasta> great
                      Duel Pasta> I spilled juice on my face


                      Tower> NATIONAL WEED YOUR GARDEN DAY


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                      Best undeserved TWL title winner in Trench Wars history

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                      • #12
                        Jerome what you did was commendible, let it die. The cops could have been

                        real assholes and taken it alot farther. If you take it to court you could piss

                        them off. The judge can add further judgement to you and your friends. I

                        wish there were more people like you were I live. South Florida is full of

                        snitches. By paying the fine and leaving it alone, you don't have anything to

                        worry about.


                        Cops get paid overtime to go to court and testify. Chances are if you fight it

                        they will show up. Don't forget most Cop cars have dash cams that pic up

                        audio and visual. It sucks that your the only one that got in trouble, it's

                        admirable though.
                        OBama/Biden 08

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                        • #13
                          Sounds like a sausage fest.

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                          • #14
                            It seems to me that everyone's advice about paying the fine and forgetting about it is right. A few words of advice about talking to the cops about searches, though.

                            First, never consent to a search. I don't care if you have a gram of blow hanging out of your nose, don't consent. You don't win any points by doing so, and you can only hurt yourself.

                            Second, the cop most likely will say he has probable cause to search your car anyway once you refuse the search. This is fine, they're going to do whatever they want anyway. The key thing next is to ask 2 things: what he's searching for and where he's going to search for it. For example, the cops Jerome dealt with only had probable cause to search for beer. The weed thing is just something all cops like to fish for - especially with stoner looking kids (believe me, it's happened to me before).

                            If you ask where he's going to search then you exclude places like, for example, a pencil case full of weed because there is no way that alcohol could be in there. You also exclude places like your console and glove compartment. Even if they do find weed some where they shouldn't have been looking you can always hire a good lawyer and beat it fairly easily - especially if you have witnesses. Most of the time though the cops are really careful if you start asking them questions. It's simply best to get all this shit on record.

                            Finally, if they do find something, whether or not it was a "legal" search, do whatever the cop says but don't say anything. Once you're under arrest go into silent mode until your lawyer arrives. There are some extreme exceptions to this situation - for example if you're extremely fucked (we're talking 6 or 7 felonies pending) and you want to help the cops in any way possible to get out of it. I have had friends go this route and it does work but you have to feel it out for yourself. Best option is just to be silent, you can only hurt yourself by talking to cops.

                            And always remember, keep your cool no matter what. If you get nervous or pissed off or show any other emotion it will not only set off alarms in the cops' heads (because they look for these types of cues) but it also increases your own chances of saying or doing something stupid. This is probably the hardest part but if you need to just take it slow, think out the questions you're being asked a long time, and carefully respond. It's better to look like you're a little mentally slow than to look guilty. Be respectful to the cops, but don't act weird. Act professional and serious, and they will have no option but to be professional and serious with you. I've seen people get too angry at the cops which only pisses them off and makes the situation worse. There's a lot to be said for a person who can keep cool under pressure.

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                            • #15
                              in Arizona a MIC/MIP (minor in consumption / possession) is the same charge.


                              I am an expert on these matters being that between 19 and 21 i had 5 of them.


                              each time i got the same offer from the prosecuter, pay $150 bucks, or, pay $80 and goto 4 alcohol classes.


                              i chose the 150 each time just to end it. they mean nothing, and i ran a background check on myself through a friend who works in HR for progressive and they do NOT show up. so no worries man.

                              :::EDIT:::

                              no probation if you pay the fine, but if you take the classes you get 6 months which sucks because it includes this phrase "...in the presence of alcohol..." which means you cant even be sober at a party hahaha.
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