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View Full Version : Themole needs advice from Fla. Heads



themole
09-14-2004, 06:44 PM
Here's the deal, my son was pulled for a traffic viloation Saturday evening leaving work in St Augustine. When he opened his wallet to present his license, rolling papers fell out in plain view. He was taken to the St. Johns County Jail and charged with drug parapernalia possession. Cost me $200.00 to free the inmate and he has a court date of 9/21-04. Do I need a Lawyer, or is this infraction not worth the cost? I'm not a happy daddy about this. The boy was brought up to obey and respect the law, but hey...thirty years ago it could have happened to me too. Anyone that has experienced this sort of thing please reply.

1972
09-14-2004, 06:53 PM
Was it just papers and no weed? If so, the drug paraph. charge is BS (he might enjoy rolling his own tobacco cigarettes). If Fla is anything like Nevada, they will drop it if he agrees to go to drug school or something. This is probably not a big deal and you probably don't need a lawyer (and I'm a lawyer so it is hard for me to say that). However, it never hurts to retain a good lawyer, and if you have a few extra bucks lying around, he can probably dispose of the traffic and drug charge without your son having to do anything.

Drug school might be a good learning experience for him, though.

themole
09-14-2004, 07:16 PM
Was it just papers and no weed? If so, the drug paraph. charge is BS (he might enjoy rolling his own tobacco cigarettes). If Fla is anything like Nevada, they will drop it if he agrees to go to drug school or something. This is probably not a big deal and you probably don't need a lawyer (and I'm a lawyer so it is hard for me to say that). However, it never hurts to retain a good lawyer, and if you have a few extra bucks lying around, he can probably dispose of the traffic and drug charge without your son having to do anything.

Drug school might be a good learning experience for him, though.


Thanks 1972. Fortunately...only papers. Funny thing is...they didn't charge him with the traffic violation after they discovered the papers. I would have no problem with drug school. He's a good kid, X footballer and baseballer, church goer :D but seems he is enjoying the cannabis.

Thanks for the speedy reply.

BigFinFan
09-14-2004, 07:22 PM
Good Luck Mole and Little Mole!

themole
09-14-2004, 07:42 PM
Good Luck Mole and Little Mole!


:lol: Thanks Chief. I'm thinking little Mole could use a four year hitch in the good ole USN but after this episode I don't know if they would have him.

More irony is, his first cousin is DEA in Michigan. He's gonna get a good scolding from him also.

Jeep
09-14-2004, 07:59 PM
He's a good kid, X footballer and baseballer, church goer :D but seems he is enjoying the cannabis.

Thanks for the speedy reply.


His first name isnt Ricky and his last name Williams.. is it?

I know.. bad joke, but I couldnt resist.. I am sorry to hear of your sons run in with the law.. My two sons will soon be of that age too and I could be in your shoes..

I would try to find out what the worst sentence would be if he was to plead guilty. What would happen is volunteered to do drug school and lastly, find out how much it would cost to defend him.. It sounds pretty flaky to me and should be winnable if your son didnt admit to smokin weed. The roll your own tabacco sounds like a good defense to me..

Good luck!

themole
09-14-2004, 08:22 PM
His first name isnt Ricky and his last name Williams.. is it?

I know.. bad joke, but I couldnt resist.. I am sorry to hear of your sons run in with the law.. My two sons will soon be of that age too and I could be in your shoes..

I would try to find out what the worst sentence would be if he was to plead guilty. What would happen is volunteered to do drug school and lastly, find out how much it would cost to defend him.. It sounds pretty flaky to me and should be winnable if your son didnt admit to smokin weed. The roll your own tabacco sounds like a good defense to me..

Good luck!


:lol: ... :shakeno: Not to worry Jeep, sounds like a joke I would crack.

Thanks for the support.

Now back to the Randy Wayne White novel.

iceblizzard69
09-14-2004, 09:19 PM
http://www.norml.com/index.cfm?wtm_view=&Group_ID=4530

Florida's laws are strict compared to the rest of the nation.


The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

He could face jail time, but I'm guessing that a lot of it will have to do with if he has a past criminal record. I'm not sure what the probability of him going to jail is, but there could be a chance. However, there is no mandatory minimum sentence for possession of paraphernalia, so there is a chance that he gets no time at all. Anyway, good luck and I hope your son doesn't go to jail.

!PapaCrunk81!
09-14-2004, 11:27 PM
Was it just papers and no weed? If so, the drug paraph. charge is BS (he might enjoy rolling his own tobacco cigarettes). If Fla is anything like Nevada, they will drop it if he agrees to go to drug school or something. This is probably not a big deal and you probably don't need a lawyer (and I'm a lawyer so it is hard for me to say that). However, it never hurts to retain a good lawyer, and if you have a few extra bucks lying around, he can probably dispose of the traffic and drug charge without your son having to do anything.

Drug school might be a good learning experience for him, though.
I agree, sometimes some people like an old fashioned cigarette. If he had a pipe w/ resin on it he'd be screwed, but just papers is pretty insignificant if there was no weed involved.

Philter25
09-15-2004, 09:26 AM
Was it just papers and no weed? If so, the drug paraph. charge is BS (he might enjoy rolling his own tobacco cigarettes). If Fla is anything like Nevada, they will drop it if he agrees to go to drug school or something. This is probably not a big deal and you probably don't need a lawyer (and I'm a lawyer so it is hard for me to say that). However, it never hurts to retain a good lawyer, and if you have a few extra bucks lying around, he can probably dispose of the traffic and drug charge without your son having to do anything.

Drug school might be a good learning experience for him, though.
exactly. he could be a heavy tobacco smoker.... how is a piece of paper considered drug parawhatever?

inFINSible
09-15-2004, 09:43 AM
Was it just papers and no weed? If so, the drug paraph. charge is BS (he might enjoy rolling his own tobacco cigarettes). If Fla is anything like Nevada, they will drop it if he agrees to go to drug school or something. This is probably not a big deal and you probably don't need a lawyer (and I'm a lawyer so it is hard for me to say that). However, it never hurts to retain a good lawyer, and if you have a few extra bucks lying around, he can probably dispose of the traffic and drug charge without your son having to do anything.

Drug school might be a good learning experience for him, though.This should have been the last post in the thread.

first offense especially for something like this would be a slap on the wrist.....if it is challenged in any way, ie, you hire a lawyer, chances are great it will be dropped altogether.....save the wheel grease for the second offense...;)

1972
09-16-2004, 06:35 PM
http://www.norml.com/index.cfm?wtm_view=&Group_ID=4530

Florida's laws are strict compared to the rest of the nation.

Thanks for that link. Interesting website. However, I don't think that website is 100% correct about Nevada's cannabis laws, but I would have to research it again to be sure.

What I find interesting about the whole "paraphernalia" issue is how can they determine what is going to be used to smoke weed? It is just as easy to use zig-zags as it is to make a pipe out of an apple, or a toilet paper roll, or a soda can, or whatever. ANYTHING can be made into paraphernalia. As long as there is no resin on it, how can they prove anything? Ridiculous.

finataxia24
09-16-2004, 06:52 PM
Here's the deal, my son was pulled for a traffic viloation Saturday evening leaving work in St Augustine. When he opened his wallet to present his license, rolling papers fell out in plain view. He was taken to the St. Johns County Jail and charged with drug parapernalia possession. Cost me $200.00 to free the inmate and he has a court date of 9/21-04. Do I need a Lawyer, or is this infraction not worth the cost? I'm not a happy daddy about this. The boy was brought up to obey and respect the law, but hey...thirty years ago it could have happened to me too. Anyone that has experienced this sort of thing please reply.
you don't need a lawyer if he hasn't been arrested has no bad marks on his record.

good luck



http://www.finheaven.com/clear.gif

themole
09-16-2004, 07:59 PM
you don't need a lawyer if he hasn't been arrested has no bad marks on his record.

good luck


http://www.finheaven.com/clear.gif

I let wisdom prevail and turned these troubles over to my neighbor who is a lawyer.

To heck with the embarrassment, considering this has potential to be something very serious.

Palatka and St. Augustine High Schools are the two oldest football rivals in the state of Florida and the two towns just don't get along that well. A lot of the X jocks tend to gravitate to law inforcement in these parts.

He played football for Palatka and FSU and remembers the rivalry well and thinks the long existing tension between the two towns may have something to do with the pettiness of it. :lol: Who knows?

Anyway, just as ya'll have said, he says there is nothing to it.

BTW...Ain't nothin better than Merle either. I had a full length free standing poster of Merle advertising George Dikels firewater.