HELP!!!! Two close friends arrested for possession of marijuana! plz help

[Dark]

Two of my friends were recently (Aug 28) arrested in Northern Kentucky for possesion of marijuana (about a quarter) and possession of paraphenalia (a homemade waterpipe). They were sitting next to a small road with the paraphenalia beside them when an officer pulled over next to them.
He exited the vehicle and asked them what they were doing. They responded "hanging out". He then saw the waterpipe and began to search them (I still don't know the specifics). He called for back up and took them in. He cited them and gave them a court date in mid September. They only gave him their information (name, age, school, address.) they didn't admit to anything.
They are two freshman at college who are dorming at this time. They both have scholarships to the university and are white, male ohioans. Neither has a previous arrest or even encounter with the police, aside from some citations for car accidents. They have done well in school and both have jobs they regularly attend.

My question is this:
Should they get a lawyer and try to fight, or just plead guilty to the charge and hope for clemency? I am not experienced in this, so I want to know what to do. I am not familiar with Kentucky's laws so any assistance would be greatly appreciated.

[Webster Green]

1. Get a good lawyer....

...and follow his/her advice.

[MercutioATC]

2. The charge is just possession?

Depends on Kentucky state law, but in many places, that's a minor misdemeanor. Nothing to worry about.

[Catch22Dem]

3. Well, first they need to find out what a guilty plea will lead to

Don't just go pleading guilty without knowing.

Man, this is why you shouldn't smoke yer weed at the side of the road. I know these are your friends, and I'm certain they're good kids, but cripes, that was stupid.

[David Dunham]

4. Get a good lawyer before pleading. Any drug arrest can lead to jail.

[Beware the Beast Man]

5. As others have said,

have your buds consult an attorney to see what would happen if they cop a plea. Sheesh, pot possession is less of a crime than DUI these days. They should be okay.

[mark414]

26. whoa

that's definitely not true. there's people in prison for life just for setting up a dealer and a buyer. read eric schlosser's 'reefer madness' for a good idea of the, well, madness of US drug policy.

[Taverner]

6. Get a lawyer

Clemency will cost less, but will stay on their permanent record.

IF you can beat, or at least reduce the charges - it will cost more in lawyer fees but will not go on your record.

[nosmokes]

7. lawyer up.

[maveric]

8. Are Kentucky laws strict?

Do they actually give people jail time for possession?

One of the advantages of living in CA is getting a "ticket", that carries a $150.00 fine for possession. And after a year of no related infrctions it is erased from your record.

[Dark]

17. I went to NORML and according to them, it is a misdemeanor with

one year in jail and a fine of 1,000$.(max) Do you have to go to court if you get the ticket?

[maveric]

20. I had to appear.

Got caught smoking a joint, in my car, in the parking garage at Disneyland. Every two parking spaces in the enclosed structure has a camera on it. DUHHH! Anaheim PD were notified by security and swooped in on me,asked me if I was holding, said yes and gave it to them. They wrote me a ticket to appear where I had to pay $150.00.

[neonplaque]

27. Yes, they have to appear before a judge.

The judge will decide on the sentance. There are 2 charges-- possession and the paraphernalia.

Possession of less than eight ounces of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $500. For subsequent offenses, the penalties increase to 1 - 5 years in jail and a fine of $1,000 - $10,000. Possession of eight ounces or more is considered possession with intent to sell and is charged as trafficking.

Possession of paraphernalia is a misdemeanor for the first offense, punishable by up to one year in jail and a fine of up to $500. Subsequent offenses are punishable by 1 - 5 years in prison and a fine of $1,000 - $10,000.

[Yupster]

9. They need a lawyer

Questions have to be answered before a decision is made.

ONe is will the scholarships be effected by a guilty plea.

[donco6]

10. GET A LAWYER.

Don't plead guilty. Get one who has experience in drug/DUI cases. With their non-record, he/she should be able to work out something less than devestating.

[Deja Q]

11. I met a person who uses the stuff too

I want him to go off of it but he insists that he needs to use it because it helps his anxiety problem... we've a lot in common and I'd never use the stuff, but I do worry about him.

As the courts generally put more punishment on drug possession than they do bilking people out of millions (ala Enron), I'd try to get a lawyer if I were you.

[blueknight]

15. i live in northern ky

tell them to call harry hellings in covington ky. he is the best criminal lawyer in northern ky.

[Dark]

18. How much does he charge though.

They are deadset and adamant about their parents not finding out.

[neonplaque]

24. nonsense-- tell the parents...

They'll end up finding out eventually anyway. And they could use the help right now... that's what parents are for.

[Dark]

28. That's what I told them.

But they refuse to allow it. They think the world will end if they do.

[never cry wolf]

43. That's ridicuous

I felt much the same way in college and yes, I got arrested a few times for misdemeanors. I was shocked to find out just how understanding and supportive my parents were. No yelling, no punishment, no "I told you sos." Just an additude of "how can we lick this thing together."

Now, as a parent of a college freshman, I would do no less for my son. This is what parents are for, in large part. I guarantee that they will stand by their side.

This is your friends' future. They could lose their scholarships or even be suspended. If they get a hanging judge they could even do time. This is NOT something to mess around with. They should tell their parents and lawyer up immediately!

[zuzu98]

25. they could always talk to the public defender

if they really don't have money for a lawyer and won't tell their parents.

[Dark]

29. How would they go about doing that?

They don't have much money and refuse to entertain the idea of mentioning it to their parents. And, aren't PD's usually a bad option?

[neonplaque]

30. They ask for one and the court will assign one

Yes, it's rolling the dice with a PD, but if they don't have the money and won't tell the rents, that's their best option.

[zuzu98]

31. Contact the court and get the phone number

I've been a PD for 14 years, so I'm probably biased, but no, it's not usually a "bad option."

[zuzu98]

12. Get a lawyer!

Preferably local & someone who deals w/ the prosecutor & judges on a regular basis. In many jurisdictions the prosecutors will not plea bargain unless you have a lawyer. They may be able to enter a "no contest" plea or a deferred prosecution agreement or get a type of probation that will keep a conviction off of their record.

A conviction on a drug charge could affect their scholarship, financial aid, etc.

[jrthin]

13. Get a lawyer. Also,

tell your friend to say nothing to law enforcement.

[JohnnyRingo]

14. ALWAYS...consult the best affordable lawyer!

NEVER plead guilty to initial charges.

Officers tend to "overbook" in anticipation of plea bargaining.
Going before a judge alone for anything other than a speeding ticket is foolish indeed.

This may even be expungable considering their records...Only a lawyer can know.

[skooooo]

16. Next time..

....tell them not to sit around out in their car. We figured that out in high school.

[DrWeird]

19. Alright, here's what you do: Steal a bunch of marijuana...

preferably from your place of work, sell the stuff on the street, making your way up the ladder to big spending rap artists. Get caught in a bust/deal gone bad. Resurrect Jerry Garcia. Make a bunch of money. Bail your buddies out.

If you need me I'll be on the couch.

[leftyandproud]

40. I think I am the only one who knows what you are talking about

;)

[snooper2]

55. I'm thinking I am , uh, Half Baked.. :)

eom

[henslee]

21. Did prelim. search online. Here are some facts/link. I dont think

its as bad as other states and I don't know how up to date these statutes are. Factors such as prior arrests could be imp. This is nothing to take lightly. A mistake now can be on your record your entire life. There is a "right" lawyer to use for the jurisdiction. Find him/her. I am jsut guessing but think this thing could cost each one of your friends anywhere from 500 to 3,000. each for the lawyer and the rest of the penalties are below. I would not be suprised if they find a way to enter contest pleas, if possible and pay max fines. Its all about gougeing you.


http://www.totse.com/en/drugs/legal_issues_of_drug_use/potstate.html


KENTUCKY
Possession: Less than 8 oz: 0-1 yr & $500
8 oz-5 lbs: 1-5 yrs & $2,500
5 lbs or more: 5-10 yrs & $5,000-$10,000
Cultivation/Sale: Penalties are the same as for possession
Note: Up to 4 plants is treated as simple possession

[napi21]

22. Get a ;awyer, but this was just dumb.

Like it or not, this is criminal activity. Smart people just don't do it in public. Come on guys. If they would have been cought buying, I guess I'd haeve understood, but sitting along side the road with the evidence really isn't too smart, huh?

[skippythwndrdog]

23. KY resident, not a lawyer

Get advice from an attorney. It will likely be a misdemeanor possession charge with a fine.

[Momof1]

32. In my town.

Possession under a quarter is a $50 fine. It's a college town, and then 30 days of probation.

[Nikia]

33. They might want to go to the library and check the local paper

In many papers, court reports are listed. They list the crime and the penalty. If the local judges, are giving out fines for posession, they might be alright with out a lawyer. Obviously if the judge is giving out jail time, they might want to get a lawyer. They might want to talk to a lawyer anyway because of the stupid federal financial aid rule that makes drug offenders ineligible.
Do they know exactly what they were charged with? That could be important.

[PittPoliSci]

34. i was talking recently to a lawyer about this...

but this was in PA so take it for what it's worth.

If the cop saw it in plain view, he had no need to search the car, it would pretty much be frivilous to hire a lawyer. They're guilty, period.

But, if it was cleverly concealed, like in a glovebox and he searched for it because he either smelled weed or for any other reason, get a damn good lawyer.

Good luck to them, even though they're probably screwed. Hopefully it'll just be a fine.

[zuzu98]

35. Ridiculous. It's not "frivilous" to hire a lawyer

because even if they are "guilty," having a lawyer can make a HUGE difference in the sentence they receive.

I'd hate to be represented by the lawyer you talked to.

[PittPoliSci]

36. my words, not his.

i don't know anyone that would talk themselves out of work, but if it were up to me in that case, i wouldn't wanna pay a lawyer if i was clearly guilty.

however, you do make a good point when you bring up the sentencing, i never really thought of that.

[zuzu98]

37. You don't get a lawyer because you're "guilty" or "innocent"

A judge or a jury makes that decision. There may be circumstances when you committed the act but aren't legally "guilty" (think self-defense or insanity).

Please be a little more careful about giving second-hand -- not to mention BAD -- legal advice.

[henslee]

42. He who represents himself has a fool for a client, or something like that.

Anyone who doesn't see the appropriateness of bringing representation to court does not know what they are talking about. First off, it shows respect for the court -- that you are taking things seriously.
While I'm at it, I'd dress appropriately too -- wear a jacket if not a tie and if applicable, remove all nose rings, lip rings,studs etc.
The best thing that could happen is if defendant never says a word and the mouthpiece handles the whole thing. Thats what you pay them for. And pay you will.

[TX-RAT]

49. Do they really need a lawyer, just yet?

What about contacting the prosecuting attorney first?
I've seen some excellent results come from these meetings. If you don't like the results, then hire an attorney.

[henslee]

60. I would never trust a prosecuting attorney.... Their goal is to get

convictions under their belt and build a reputation so they can run for office or start a lucrative practice when they quit the DA job. They are not your friend. No need to have any extra contact with them. When you have a face to face with one of them you suddenly are no longer anonymous. What if they see you're rich or black or from out of state. Who knows? Also, you never know the political climate of the community is at the time... what if there's heat on a DA to get some more "white guy" arrests... or more black guy arrests. The possible scenarios are endless and with your whole future on the line, get counsel. Not saying go in their with anyone too high powered but a nice fit would be nice. Sorry for the long winded post but I speak from a bad personal experience.

[TX-RAT]

61. If thats the kind of DA,s you've dealt with I'm sorry.

I was a deputy for 13 yrs, the sheriff for 8yrs and county judge for 8yrs. Never seen a DA, even close to what your describing.

[grasswire]

38. what about their parents?

Wouldn't it be a good idea for them to ask advice from parents rather than from a fellow student?

And gee. I believe that a conviction disqualifies them from student loans, doesn't it?

Tell them to call Mom and call Dad.

[leftyandproud]

39. Tell them..

If the charge is a minor misdeamenor that carries a fine and community service, they may want to just plead guilty.. They will end up paying the $100 court costs and do 30-40 hours community services working at a local food bank or something...It might be a good idea to consult a lawyer and see if there is any way they can get this charge "expunged" (erased) from their permanent record. There is a good chance this could happen considering it was their first offense, and they aren't wasting the court's time by tying the system up for a few days with a not guilty plea. It really depends entirely on the judge though...You should definately ask a lawyer about this, but if the cop saw the pipe immediately, I really don't see any way they can get out of it 100% unless the cop did something technically wrong during the arrest.

good luck

[Cheswick2.0]

41. dumb behavior

Why didn't they at least hide the evidence when the cop pulled up? Do they know they can lose their state and federal college funding? Why weren't they in a dorm room or some other safe place?
Sigh........I wonder if they are going to think it was worth it when all is said and done.
I don't approve of drug use, even grass. I'm not going to have a long pissing match with anyone on the topic. Just let me say that these friends of yours were aware of the law and they chose to break it. Now they are going to pay for their choice.
They should consult with several lawyers before they do anything else.

[Surf Cowboy]

44. As a criminal defense attorney, I have three words: GET AN ATTORNEY!

And do whatever he/she says.

Odds are, there is a non-reporting probation alternative which does not result in a criminal record--very important for student loans. Or the judge may take it under advisement.

Chances are, they are not going to want to fight it, at least based on what you've said. First, it looks like the stop and search were probably in-line, and second, in the appalachians, there is no fourth amendment (maybe 3.5 or so).

P.S. Your friends are dumbasses for having their stash out in public. WTF?!! They HAD A FUCKING BONG IN THE CAR???!!! They could probably use a couple nights inside to clear their heads. Jesus. Next time, tell them to roll a joint and take a walk in the woods.

[TX-RAT]

46. Next time, tell them to roll a joint and take a walk in the woods?

Interesting advice.

[henslee]

47. Thats why he gets paid the big buds... er, I mean bucks.

[Surf Cowboy]

54. What, do you think that if he tells them to "just say no," it will work?

Should we be teaching abstinence as well? WWJFD? (What Would Jerry Falwell Do?)

[TX-RAT]

56. Who the hells "he". I was responding to your comment.

I found it strange, that you would suggest they break the law, a little more carefully.

[Surf Cowboy]

65. "he" is the original post-er, Orion.

If they're going to get high, they're going to get high. I can't help them with that. But I can tell them that they're better off walking alone in the woods with their stash in a form that can be easily discarded or eaten (dare you to try THAT with a bong) in the event they get busted.

It's kind of like telling a teenager, "if you're going to have sex, at least wear a condom."

[barb162]

57. I'm glad you wrote this first

because the first thing I thought was are they f-----g idiots or what ???? The post said they are on scholarship but they act like they have their heads up their behinds.

[HEyHEY]

45. Quick! Call Dr. Gonzo!

Seriously though, get a lawyer "hoping" for clemency is not a good legal stance.

[MadHound]

48. Get a lawyer now, and fight this.

Granted, you probably don't have much of a leg to stand on, but this charge could irrevocably effect their lives. The possession bust is no biggie, probably not a felony, and they'll get off with a fine and some probation. The big problem is their scholarships! Most every scholarship, grant or student loan that I know of has a dope clause, ie you get busted and the scholarship goes bye bye. Check this out carefully.

[mopinko]

50. SCHOLARSHIPS!

lawyer up. protect their financial aid. and i bet their parents will find out eventually, anyway. especially if they screw up their aid.

[icehouse]

51. Good advice

[TheSuaveOne]

52. Tell them...

...to withdraw from school and get back as much money as possible. Unless they have a good connection in that legal system, they are going to probably spend some time in jail...la

[Nikia]

53. Not necessarily

In Wisconsin, you can be incarerated for possessing a small amount of marijuana, but almost no one is put in jail or prision for their first offense. Many are only fined. It really depends on the judge, which is why they should check the local paper to see what kind of sentences the judges are giving out.

[Dark]

58. Thanks to all of you!

So far I've managed to convince them to get an attorney, but not much else (They still refuse to tell their parents, but I am working on that.)

I really appreciate all that you have done to help me and my friends.

[Champ]

59. I'd plead guilty

Possession charges are very hard to fight and in most related cases they could get a plea bargain.

on edit: Of course after listening to what the lawyer says, I'm sure the lawyer would recommend the same thing.

[amazona]

62. don't be too sure the lawyer would recommend the same thing

A friend of mine was caught dead to rights in an airport with, well, I won't even go into it, but it was enough for the TSA and the Miami cops to figure he was a very big deal in the drug business. I thought there was no way he wouldn't have to accept a plea bargain. He found a lawyer who "somehow" made the D.A. dismiss the case so it never went to court. However, the cost was substantial -- around $20,000. And, like I said, this was Florida. These kids need to see, not just any lawyer, but the right lawyer for their jurisdiction. And the parents will have to know, so they can raise sufficient funds to cover the costs. There are ways around getting this stuff on your record; this is why rich kids don't go to jail and don't get their lives screwed up. The parents will just have to take out a home equity loan or whatever and do what it takes. A drug conviction impacts their earning potential for a lifetime so it's worth spending the money.

After witnessing what I saw with my friend, which was beyond stupid (taking illegal crap into an airport, especially a Florida airport) then I'm a believer in the power of a good lawyer. But they don't come cheap. It is true that cheap lawyers just charge you to tell you to plead guilty -- I've seen that too -- but what a waste. Sometimes you get what you pay for, I guess.

[Frangible]

63. Get a lawyer!

And, on a sidenote, I think the drug laws in this country are ridiculously draconian. Jailing people for marijuana? That makes baby jesus cry.

[Xithras]

64. Dope convictions can cost them any federal financial aid

I've seen a few posts here citing scholarship dope clauses and the fact that they can lose their scholarships over this, but no posts yet have pointed out that a change to the Health Education Act in 1998 barred students with drug convictions from receiving federal student loans or financial aid.

If they plead guilty or are convicted...even if they receive no jail time...they could lose ALL of their college financing options other than private sector loans. Possession convictions may be "minor" to some, but they can be extremely costly to college students.