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What do?!?! :o

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Dub_Digital
Posts: 2793 - Karma: 629

So i live in california, and yesterday me and my woman were driving back from idaho, cop pulls her over for going "38" in a 25, ...he smells marijuana in my car says i can either give it to him or he'll search the car, i give him my herbs and he rights me a ticket for possesion of a controlled substance (no speeding ticket though)

since i live in cali does anyone know what i can do?! i cant make it back to idaho for the court date....

Dec 19 2011 2:05PM
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ryano
Posts: 4465 - Karma: 1,535
trial be declaration..

you write in a letter to the judge tell your side of the story, and the cop has to do the same.. if he sides with the cop, you still go to court.. or in your case, you'd just pay the fine.

if he sides with you or the cop doesnt write a report on it, your free.
Dec 19 2011 2:07PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
uhhh GO BACK FOR YOUR COURT DATE

if you miss it, a warrant will beissued for your arrest in idaho

you may want to check cali's extradition laws. you may be arrested in cali to be sent back to idaho (extradition).

if you don't make it to your court date, do not go back to idaho, as they will probably throw you in jail. also, you'll have a warrant in the state of idaho
Dec 19 2011 2:10PM
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Dub_Digital
Posts: 2793 - Karma: 629
is this legit?
Dec 19 2011 2:13PM
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ryano
Posts: 4465 - Karma: 1,535
yes. i know you can do it in california.. i live in san diego..

as for other states, i would assume you can do it as well. just call the number on your ticket and ask.
Dec 19 2011 2:16PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
nope. real life ain't that easy. get an attorney, he may be able to help you if you can't make it back up to idaho
Dec 19 2011 2:16PM
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ryano
Posts: 4465 - Karma: 1,535
you really have no idea what you're talking about.
Dec 19 2011 2:17PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
trial by declaration is typically just for moving violations....not misdemeanors like possession of a controlled substance
Dec 19 2011 2:18PM
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ryano
Posts: 4465 - Karma: 1,535
i may be wrong then. forgot about that fact. good point.
Dec 19 2011 2:19PM
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Dub_Digital
Posts: 2793 - Karma: 629
thats where the problem arises i CANT get back, and i know about the warrant thats why im freaking out and trying to find a way around this
Dec 19 2011 2:20PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
get an attorney, have him go to court for you.

i assume you're 18+?
Dec 19 2011 2:20PM
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ryano
Posts: 4465 - Karma: 1,535
if you cant make the court date they set, you can try and get an extension and new date farther out that you could make.

plus, that might increase the chance that cop doesnt show.
Dec 19 2011 2:21PM
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Dub_Digital
Posts: 2793 - Karma: 629

how do you get an extension? ....i wont be able to get back at all just because i cant afford it

Dec 19 2011 2:31PM
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Dub_Digital
Posts: 2793 - Karma: 629
yeah im ovr 18, but i really cant afford an atorney, cant i be assigned a free public defender or something like that?
Dec 19 2011 2:32PM
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ryano
Posts: 4465 - Karma: 1,535
typically its sending in a letter, or pretty much a note formally asking an extension or new court date..
Dec 19 2011 2:32PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
so you can afford to drive to idaho and buy drugs, but can't afford an attorney? hmmmm....

there is no easy way out of this dude. your attorney can ask for an extension, BUT YOU HAVE TO GET AN ATTORNEY.

if you can't afford one then reach out to your parents/close family members/whatever and be honest with what happened. you are on the verge of having a criminal record for the rest of your life/having a warrant.
Dec 19 2011 2:34PM
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JakeAssBeatClap
Posts: 6673 - Karma: 2,537
There are some businesses that will go to court in your place Legally but usually they're just for traffic offenses.Other options are avoid court date and you will have a warrant out in idaho for i think 5 to 7 years. Which will be able to be seen by future employers. Your best bet is to contact the court there and write a letter to the judge and see if they can't transfer the case to a california court system
Dec 19 2011 3:31PM
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act.resist
Posts: 8875 - Karma: 513
i think you kind of have to go back for a trial. no matter what ya know? thats only what ive heard though
Dec 19 2011 3:41PM
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Dub_Digital
Posts: 2793 - Karma: 629
drugs= less than 100 , attorney = a fuck ton,
Dec 19 2011 5:47PM
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Dub_Digital
Posts: 2793 - Karma: 629
thanks! im going to write a letter, i talked to the prosecuting "side" and they said their going to send me a packet of stuff to sign, and i need to sign it, and send a check back and the judge might accept it, so i think when i send the check im also going to send a letter with it....or should i send a letter as soon as possible?
Dec 19 2011 5:50PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
yeah the prosecutor may be able to work with you, if they're nice.

just be ready for a drug test/drug and alcohol evaluation, fines, and a record.
Dec 19 2011 6:43PM
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JakeAssBeatClap
Posts: 6673 - Karma: 2,537
No... Ok dude youget the gist of this whole thing but not really the whole thing.

OP I got charged with the same exact thing as you but in colorado rather than idaho but i live in california and also could not get back for my court date.

I contacted the boulder municipal courts they gave me my punishment with out going to court which was two one hour sessions with a social services psychologist to talk about the dangers of drugs and alcohol and then i paid a fine. I took the classes and sent the fine payment along with the verification from california's judicial system that i completed a state ran course and payed for that. Thecourt got that and now its off of my record. Misdemenors usually get off your record once you finish the assigned punishment. If you do it right not only will you not have to show up in court in idaho but no court at all. You will have to find a place where you can take the class (which i'm sure is what they will give you) and you will have to pay for that class which is about 140 in california along with whatever you have to pay the courts in idaho. so in reality it'll cost you maybe like 300 to 400 dollars like maximum for everything. along with attending whatever the court has you attend. you're golden dude don't worry about it you'll be fine it won't be on your record... Now go celebrate this good new with a blunt! Cheers!
Dec 19 2011 6:53PM
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trettzilla
Posts: 931 - Karma: 29
pay the ticket? save yourself a bunch of trouble. weed isnt legal in idaho i dont think so the fact that you live in cali doesnt mean anything you still have to follow their laws
Dec 19 2011 6:59PM
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Will.T
Posts: 3453 - Karma: 1,281
wut? Weed is legal in Cali ? i was sure that it was only legal for medical use..
Dec 19 2011 7:03PM
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Dub_Digital
Posts: 2793 - Karma: 629
thanks mayn! im still a little concerned though because i think idaho is more strict than colorado is
Dec 19 2011 7:54PM
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Pool.
Posts: 2820 - Karma: 662
u realize u could have just not let him search ur car....its against the law without a warrant
Dec 19 2011 7:59PM
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Dub_Digital
Posts: 2793 - Karma: 629
or probable cause, and my car did smell
Dec 19 2011 8:07PM
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Juice.Doctor
Posts: 2791 - Karma: 293
right. good call on just giving it to him. i had something similar happen to me but i live in NJ so i'm on probation now because our laws are so strict.

But you should be fine wrighting a letter and paying your fines and such.
Keep in mind that laws are different all over our country, so what some people tell you could be completely wrong depending on whether or not your state has similar rules.

But what you really should do is call a lawyer. You don't need to hire him, but just talk with him about the situation and see what he thinks. obviously he's gonna try and persuade to into hiring him, but it might be for the better. If i didn't buy a lawyer, I would have a criminal record and i wouldn't be able to get college loans. Now i just need to take a drug test once a month for the next couple of months.
hope all goes well man.
Dec 19 2011 8:21PM
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howlongcanausern
Posts: 4982 - Karma: 1,737
Yeah. You need.to contact an attorney. Unless youre ok withhaving a record. A misdemeanor is a crime and doesnt just go away.
Dec 19 2011 9:18PM
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