legal advice

D

DurbanPoison

Member

• Jul 30, 2007

• #1

I realize I should go to a lawyer, but I'm not really in a financial position to afford one. I may end up getting a public defender at best.. Anyhow - if I was arrested and my rights werent read and I was found sleeping in my car in a national park after hours and a roach and a j were confiscated on a first ever offense of this kind, what might be the best way to approach this?

Utah is a very conservative state..

 

imnotcrazy

There is ALWAYS meaning to my madness ®

Veteran

• Jul 30, 2007

• #2

My rights weren't read either AND I got a Lawyer....Didn't matter still wound up w/ a "Conditional Discharge"...... Plan on Not smoking/ minimal smoking for about a year or so

 

TheDoctor

New member

• Jul 30, 2007

• #3

That sucks, man. Did they mention if the charges are increased because it was in a national park? I'm pretty sure it's supposed to be a big deal if they don't read you your rights, but who knows what they get away with. Good luck.

 

Fidel Castro

Member

• Jul 30, 2007

• #4

talk to a lawyer FOR SURE most offer "free initial consultations" and if you pretend like your going to hire them, you can milk them for all sorts of important info.

 

M

mcbean

New member

• Jul 30, 2007

• #5

howdy

im not sure about the point of being on fed land but i would think it would up the level of punishment but i guess it depends how bad they want to put the screws to ya. not sure if normal in your state would or could help as far as info.


i wish you the best of luck and keep a good out till the hammer drops.

peace

 

Fidel Castro

Member

• Jul 30, 2007

• #6

Good idea mcbean! I just checked norml and the "public park" only increases the charges for sale, so you should be alright with possession, its just a misdemeanor but Id talk to a lawyer anyway.

http://norml.org/index.cfm?Group_ID=4567
http://norml.org/index.cfm?wtm_view=legal&Group_ID=4567

 

DickAnubis

Member

• Jul 30, 2007

• #7

Durban,
You need a lawyer without doubt. Don't do any talking on your own.
Concerning the Miranda issue, consult the ACLU as well. They are very hot on this issue. Check their website for contact info. ACLU.org

Penalties depend on the state your were arrested in. NORML can help but call them, their website isn't up to date on state law.

Some Natl. Parks are administered by the state they're in some aren't and that determines the penalty.

Consult the ACLU first because Miranda is first and foremost the biggest issue. With the right lawyer it could all go away because of the cops negligence.

Good Luck Brother.

PEACE DA

 

Last edited: Jul 30, 2007

scifreak69

Member

• Jul 30, 2007

• #8

i got busted in yosemite when i lived and worked thier and the gave me drug court
which is seeing the judge every week and taking the pee
after much talking i moved out of that justice system and never herd from them agan if you are from out af state i would think you would get a fine because they dont want to deal with you they just want their money

 

G

Guest

• Jul 30, 2007

• #9

http://norml.org/index.cfm?wtm_view=&Group_ID=4567
i would not worry to much maybee a year probation and a 1000

edit: well shit castro already posted the norml link..peace

 

Last edited: Jul 30, 2007

D

DurbanPoison

Member

• Jul 31, 2007

• #10

wow guys thanks for all the replies. I really appreciate all your feedback and im clicking away at all your links. Thanks again. MUCH MUCH LOVE to the icmag fam.

 

G

Guest

• Jul 31, 2007

• #11

DickAnubis said:

Durban,
You need a lawyer without doubt. Don't do any talking on your own.
Concerning the Miranda issue, consult the ACLU as well. They are very hot on this issue. Check their website for contact info. ACLU.org

Penalties depend on the state your were arrested in. NORML can help but call them, their website isn't up to date on state law.

Some Natl. Parks are administered by the state they're in some aren't and that determines the penalty.

Consult the ACLU first because Miranda is first and foremost the biggest issue. With the right lawyer it could all go away because of the cops negligence.

Good Luck Brother.

PEACE DA

Click to expand...

Listen to this guy Kiddo He is speakin sense to you. ACLU will provide the lawyer for you!

 

D

DurbanPoison

Member

• Jul 31, 2007

• #12

After I got out of my ride I was asked to go sit on a rock after my id/info was collected and they began searching my car. I asked if they were supposed to ask my permission (very politely) and I was told "Not at all. We can tear this thing apart if we wanted to but we're trying to make things easy for you. Right now you're under arrest and we can do it." Until that point, I wasn't even aware that I was under arrest.

I'll definitely research more on aclu.org. Thanks again everybody.

 

420inprogress

Member

• Aug 1, 2007

• #13

You do not have to be Mirandized in order to be arrested. Miranda rights only protect you against self-incrimination during questioning while in custody or in an interrogation.

As for the search, all LEO needs is probable cause to search your car. If the joint and roach was in plain view, then they have probable cause.

Get a criminal lawyer ASAP. Contact your local legal-aid society, or even the University of Utah or BYU school of law and tell them of your concerns and that you wish to speak with someone.

BTW...The National Park System is a federal agency, under the Department of Interior. Although for a minor case such as this, it will probably be referred to the state courts.

Good luck!

Keep us updated.

 

D

DurbanPoison

Member

• Aug 2, 2007

• #14

thanks for the help 420inprogress - much obliged man

 

PoppinFresh

Member

• Aug 3, 2007

• #15

yeah don' trust a public defender. they work for the govt. they'll sell u out in a split second. try to get a real lawyer.