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ernst

By ernst
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ernst Advanced Member

ernst

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I just got a civil infraction to appear in court from a warren cop for smoking in the parking lot .....Miscellaneous misdemeanor violation disorderly person .... I was smoking with my drummer who I thought had his card..... I have to call Monday just wondering what am I looking at ..... He didn't arrest either of us and have me my stash back.... He didn't see anyone smoking just smelled it ..... My drummer jumped the gun and admired to smoking .... I just noded didn't answer any help or advice would be great I fear the worst

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trix Advanced Member

trix

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How can you be charged with something the guy in some house was doing not you??? see my point if you didn't have anything on you how tf can you get in trouble.. thats why your not in jail, and he was a Richard about it instead.. Go to court and tell them hes effing crazy you didn't smoke anything must have been from some other car or a loffty breeze..

 

But I'm not a lawyer just using basic common sense, and its Warren.. They dropped all my charges and others I know... but you didn't have anything to be charged with correct? he saw no pot he simply smelled it could have been a freaking skunk (we have them here in MI), and gave you a ticket... for real what a Dbag

 

Trix

:bong2:

 

Edit: your boy admitted to smoking? and had no card.. and he gave you your pot back.. or am just totaly missing everything.. he saw you had pot, but didn't see you smoking, he saw your card and gave it all back and gave you I think you were smoking ticket?

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ernst Advanced Member

ernst

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Yeah he looked in my tin had a couple doobies gave it back... Buddy admired to smoking without a card .... No one was arrested he didn't see us smoking he searched me ... Wrote us both a civil sitation to appear in court ..... I gotta call Monday and set a date ...

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trix Advanced Member

trix

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You SHOULD be fine, they don't know your or his MM status unless you tell them which you did cause your carded, Think about it man, they will take you in for a roach, and if he saw nothing he cannot say You committed a crime. NO PROOF a crime exsist besides a smell..your boy admitted to smoking but what he forgot to say cause he was nervous, he smoked at HOME last week? or something that places him away from YOUR stash.. again I'm not a lawyer but If you walked you should be fine.. THERE IS NO EVIDENECE!!

 

Again I'm just some font on a computer screen, but it would only seem logical that you walked away without a possesion charge and wern't arrested, so I personally wouldn't sweat it, But then again I have a panic attack when I see a cop car, almost wrecked my bike this morning cause I couldn't stop trying to see where that darn cop was at that was behind me..

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trix Advanced Member

trix

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You should get many replies in the morning.. I personally feel like you should be fine, at most a loitering ticket or something you and your boy need to be on the same page with the same stories he was nervous, and mispoke if it comes up,. Good luck let us know the outcome.

 

Did your boy get a ticket as well? or just you?

 

 

Trix

:bong2:

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Herb Cannabis Advanced Member

Herb Cannabis

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I'm not complaining.... I'm concerned .... I've never been in trouble before. Ya know I came on here looking for support ..... For advice. Not to be lashed out at. Thanks for that.....

 

Many have come here for support only to be chastised, it is a common ailment around here. We are all sick and/or hurting and just want to complain - that would be my guess. Just ignore the nay sa'yers and enjoy the fellowship of the rest. I'm not a lawyer, but I'd say, learn from your mistake - medicate only in a private setting, parking lots are not it. Consider your fine to be an expensive lesson and learn from it. Good luck to you and your friend.

Edited by Herb Cannabis
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ernst Advanced Member

ernst

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Thank you .... I hope it is only a fine ..... Not that I have the funds for this..... But I fear the worst ....

 

 

Many have come here for support only to be chastised, it is a common ailment around here. We are all sick and/or hurting and just want to complain - that would be my guess. Just ignore the nay sa'yers and enjoy the fellowship of the rest. I'm not a lawyer, but I'd say, learn from your mistake - medicate only in a private setting, parking lots are not it. Consider your fine to be an expensive lesson and learn from it. Good luck to you and your friend.

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phaquetoo Advanced Member

phaquetoo

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Thank you .... I hope it is only a fine ..... Not that I have the funds for this..... But I fear the worst ....

 

 

You should be able to walk, it may cost ya 200 bucks for the fine and costs, when you call ask if you can just plead to the disorderly and pay the fines w/o going to court, if not, see if they give you an arrainment, if they do ask for a court apptd attny and take it from there, your friend needs to say he smoked at home the day before and not with you! and you were not smoking while you were in car, you did it the nite before, Capiche?

 

Good luck, dont give up easy!

 

Peace

Jim

Edited by phaquetoo
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ernst Advanced Member

ernst

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You should be able to walk, it may cost ya 200 bucks for the fine and costs, when you call ask if you can just plead to the disorderly and pay the fines w/o going to court, if not, see if they give you an arrainment, if they do ask for a court apptd attny and take it from there, your friend needs to say he smoked at home the day before and not with you! and you were not smoking while you were in car, you did it the nite before, Capiche?

 

Good luck, dont give up easy!

 

Peace

Jim

 

 

 

 

Thanks ...... I'm gonna call an attorney Mon before I call the courts . This stuff has my nerves bent .

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Birdman Advanced Member

Birdman

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You stated this was your first trouble and they let you go with your meds. I think Jim is right the fine will be around a couple hundred bucks. I wouldn't try and get out of it I'd pay that ASAP and be glad it wasn't much worse. I think you got a wake up call to be more careful and hope your friends learn to control how they react around LEO. Good luck.

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ernst Advanced Member

ernst

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You stated this was your first trouble and they let you go with your meds. I think Jim is right the fine will be around a couple hundred bucks. I wouldn't try and get out of it I'd pay that ASAP and be glad it wasn't much worse. I think you got a wake up call to be more careful and hope your friends learn to control how they react around LEO. Good luck.

 

 

Yes this is my first time ever being in trouble with the law. My biggest concern is there is no fine listed its a mandatory court date . Sadly I am usually very cautious just slipped up once . I would rather be honest and tell the truth but fear going to jail..... I'm a single dad I don't have anyone who could watch my son and what would my son think.... Any ways there's a million thoughts racing through my head . All I know is I'm scared no doubt an fear the worse and it doesn't help reading things online lol trying to do some research so I kinda know what to expect best I found is up to 90 days and or up to $500. But thanks for the enlightening words it does help to settle the nerves a bit. Ill guess ill know everything tomorrow afternoon .

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Fat Freddy Advanced Member

Fat Freddy

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before calling a atty I would call the city and see what class of infraction it is. i.e. Civil infraction or a misdemeanor.

A civil infraction is a fine and no record. A misdemeanor is a fine with a record if I am not mistaken.

If by chance it is a misdemeanor you may be able to talk to the prosecutor and get it reduced to a civil infraction in exchange for a guilty plea.

My guess it is a civil infraction and just a mail in fine. Do not be sirprised at the fine amt. Most likely it will be inline with a parking ticket.

In my neck of the woods a parking ticket is like 150 bucks.

Edited by Fat Freddy
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ernst Advanced Member

ernst

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before calling a atty I would call the city and see what class of infraction it is. i.e. Civil infraction or a misdemeanor.

A civil infraction is a fine and no record. A misdemeanor is a fine with a record if I am not mistaken.

If by chance it is a misdemeanor you may be able to talk to the prosecutor and get it reduced to a civil infraction in exchange for a guilty plea.

My guess it is a civil infraction and just a mail in fine. Do not be sirprised at the fine amt. Most likely it will be inline with a parking ticket.

In my neck of the woods a parking ticket is like 150 bucks.

 

 

 

It's a misdemeanor ..... That's what it says on the ticket ..... And a mandatory court date .... The actual charge is miscellaneous misdemeanor violation disorderly person .... I also notice on the ticket it's marked as a violation of city ordinance

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trix Advanced Member

trix

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Definition of your ticket on Wiki, http://en.wikipedia.org/wiki/Disorderly_conduct

 

Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no serious public danger. Disorderly conduct is typically classified as a violation or misdemeanor.

 

You will be fine man....

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trix Advanced Member

trix

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Found inside the link provided above;

 

(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of their being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

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CaveatLector Advanced Member

CaveatLector

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It's a misdemeanor ..... That's what it says on the ticket ..... And a mandatory court date .... The actual charge is miscellaneous misdemeanor violation disorderly person .... I also notice on the ticket it's marked as a violation of city ordinance

Mandatory court date because it is an arraignment date. You will go in for arraignment which is where the judge will tell you what the charge is, max sentence, ask how you plead, and set bond. That's it. I would bet that bond will be PR (personal recognizance which means you don't need to post money upfront).

 

A pretrial date will then be set. You'll go in for pretrial and the city attorney will probably offer you a plea deal. You aren't going to get jail time if your record really is clean. Like everyone is saying you may pay a couple hundred bucks. Chill out. There's no reason to get nerved up.

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