I got busted with a empty pipe and i live in casa grande arizona all they found on me was the empty pipe and they are calling it a class 6 felony what are the chances of a ua and me going to juvie also anyone else had this happen what did they do to you?
2007-04-10 12:07:39 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Assuming the pipe was found via a legal search, you will need to go to court, plead guilty, and the judge will probably assess a fine and/or some community service hours. It is extremely unlikely that you will be sent to juvie/jail nor be subjected to any other detention.
If the pipe was found through illegal police tactics, you should hire a lawyer to file a "Motion to Surpress" the evidence before the court case. If the judge agrees that the police found the pipe via an illegal search, the charges will be dismissed. Otherwise, you will still have to go to court.
In the United States, a police officer may obtain evidence legally under the following conditions:
1. The evidence is in plain view (ex. you get pulled over, and the pipe is sitting in your car's center console, or some other place that is in "plain view", or an officer enters your residence to see the pipe in plain view).
2. You consent to the search (ex. the officer asks "Can I search this bag?" and you agree to the search). Often police officers will use compound questions to trick suspects into consenting - for example, "You've got nothing illegal in the car, so you don't mind if I search it, do you?". This practice is still legal, as the subject still consents to the search.
3. If the officer has sufficient legal grounds to arrest you, and after performing the arrest, he/she finds the evidence on you. For example, if you get arrested for shoplifting, then the officer finds a pipe in your pocket.
4. If there is sufficient probable cause, then the officer can search you. There is probable cause whenever an average person would think that you have or are commiting a crime. So, if you smelt strongly of weed, for example, the average person would think that you've smoked. Therefore, a officer would be legally allowed to search you, and anything they find could be legally taken into evidence. However, this is a complex area of the law, and most defense lawyers will poke holes in any officer's probable cause justification. For example, if you were searched because an officer saw that your eyes were cashed out, this would be an illegal search, because appearance is not allowed as a basis for probable cause.
If you were searched because of reasons 1-3, then you shouldn't bother getting a lawyer. But if you were searched for reason 4, or if none of the legal search reasons listed above (1-4) apply, then you should get a lawyer.
If you plan to plead not guilty, or contest the evidence through a motion to surpress, you need a lawyer. Do not plead not guilty in court on your own: you will lose and the penalty imposed on you will be much greater than if you simply plead guilty.
You are very unlikely to have to serve any time for this offense. But, it may be a good idea to get a lawyer, because if convicted, you will lose eligibility for Financial Aid for College. If you have any College aspirations -- even community college -- you do not want to be found guilty. Get a lawyer! and good luck!
2007-04-10 13:01:59 · answer #1 · answered by jackk763 1 · 0⤊ 0⤋
Yes, since you were a juvenile when you got arrested for the marijuana, its a class 6 open ended felony. Once you turn 18 you can petition the court and request the felony be waived to a class 1 misdemeanor and have your juvenile records sealed. Once you do that, you can opt to say no about the felony, however it might be a good idea to explain your juvenile record to avoid being fired at a later time (i.e. tell your future employer that you were convicted of a felony, however the court waived it to a misdemeanor once you turned 18)
2016-04-01 07:52:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You don't say whether or not there was "residue" in the pipe but in my own state to be charged with "paraphernalia" there must be remnants or residue of the product inside the pipe.
Sounds like you've got a prior as well or else it wouldn't likely be a felony unless it was other than marijuana.
Best wishes!
2007-04-10 12:33:23 · answer #3 · answered by KC V ™ 7 · 1⤊ 0⤋
Unfortunately it sucks. A class six felony is the lowest felony in Arizona. Usually cops just confiscate and throw away stuff like that or small amounts. Sounds like they just wanted to be jerks.
2007-04-10 13:48:57 · answer #4 · answered by Chris J 6 · 0⤊ 0⤋
Wow, a felony for possession of paraphenalia. Damn, in California you can have up to an ounce and it's considered a misdemeanor. I feel sorry for you.
2007-04-10 12:14:56 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Don't say anything what can they really charge you on? It's just a tactic to try and get you scared so you can incriminate yourself.
2007-04-10 12:19:16 · answer #6 · answered by Islandsweets702 2 · 1⤊ 1⤋
LOL, OK I'll play along....Paraphernalia with intent to sell!
2007-04-10 12:44:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
um not sharing i would arrest you for that
2007-04-10 13:11:29 · answer #8 · answered by ? 3 · 0⤊ 0⤋