ok so i was caught smoking weed today with 2 friends at a park and they didnt tell me i was arrested at all but i got cuffed, went down to the station and was held for about 6 hours sitting in a cell ( Cell MJ LOLOL IRONIC)

i got a couple questions:

1. if i was put in cuffs and put in the wagon without the cop telling me i was arrested or reading me my Miranda rights, what can i do?

2. i was caught with the blunt in hand but i flicked it and they found it, and on the paper it says possession of cannabis, my friend had some weed with them but it was on him, what can be done about this?

3. they also said this was not going to be on my record but i dont know if it is or not, i have court on july 30, what can i say?

4. what am i looking into as a punishment? what is the charge for less than a gram of marijuana on my person?
i live in Illinois and im 17

It was less than an ounce so that would make it a misdemeanor. Whether or not you do time is based upon your past. If you have no record and are still in school than I would say have your attorney ask about a diversion program but NOT boot camp. A typical program means a meeting about once a week for 6 weeks to discuss your drug use and some community service. If the program they offer sounds good, than take it. If you aren't in school and have a prior, plead not guilty jury trail. Another problem you will probably face is distribution. They will probably try to use their MANS unit to milk you for info and will threaten you with being charged for felony distribution if you don't set up your dealer. If you or your friends are interrogated by them at any time refuse to talk without a lawyer present, no matter what they say demand a lawyer. If it comes to that, go out and get your own attorney, don't rely on a public defender. Get a local one, like a former DA, judge, or mayor, someone who knows people in your district. Remember, if you don't get a descent plea bargain, for any reason, plead not guilty jury trial.

thx for the help

bump

:
1. if i was put in cuffs and put in the wagon without the cop telling me i was arrested or reading me my Miranda rights, what can i do?


I thought if you were under 18 it was mandatory by the police to read your rights. Might be different laws in Canada though. Good luck with your trial.

Its going to be next to impossible to prove that they didnt read you your miranda rights

its your word vs. theirs and a judge will always side with the cops

They only have to read you your rights if they plan on questioning you.
http://criminal-law.freeadvice.com/arrests_and_searches/miranda_rights_arrest.htm

From what I gathered, they didn't question you. They just left you in a cell for 6 hours. They did nothing wrong (legally).

Now read the pot smoking laws for Illinois:
http://norml.org/index.cfm?wtm_view=&Group_ID=4535

You are looking at 30 days and a $1,500 fine. Instead of getting 30 days you may get 2 years probation if its your first offense. Different circumstances may apply if you're a minor and the 30 days could be cut down or entirely replaced with community service due to over crowded prisons.

If you have a clean record prior to thisand have decent performance in school, you will probably just be able to do the diversion program. However I'm not sure if thats just for minors or not

take it to court, and advise your lawyer to pick apart their case, evidence, and performance.

fuck court in a couple of hours...
i dont got a laywer....fuck

Why didn't you get a public defender?

dont i get one during court?

are you in jail yet?

no just had to pay 30$
fuck yeah i got all worried for nothing

its your word vs. theirs and a judge will always side with the cops

That's not always the case in chicago. Cook county judges are hood rats. the courts love to side with the "disadvantaged minority CPS honor student" with prior convictions who was going to "turn his life around". Time to win the ghetto lottery.

Chicago cops always have a hell of a hard time getting felony charges approved for a violent crime, they could care less about some BS drug arrest. That's why they don't stop and search nearly as many people as they used to. It's not worth it to stop some shithead then get sued over it later.