Sharing Marijuana With Friends Could Result in a Felony.
Sharing Marijuana With Friends Could Result in a Felony.
Marijuana a Felony?
Here is an example of how sharing marijuana with friends and not knowing your legal rights could result in felony charges.
An officer was watching the home of a suspected drug seller and stopped a Raleigh man as he left the house. The Raleigh man mistakenly spoke to the officer (violating Rule #2 below) and then gave the officer permission to search his bag (violating Rule #4 below.) The officer located ¬Ω ounce of marijuana in the bag, which would usually result in a ticket for a class 3 misdemeanor without arrest.
The officer asked the Raleigh man what the marijuana was for and he replied that he was going to share it with friends at a party. When the Raleigh man refused to tell the officer what was happening in the suspected drug house, the officer charged the Raleigh man with felony possession of marijuana with intent to deliver because the Raleigh man said he was going to share and thereby ‚ deliver‚ the marijuana to friends. The officer hoped that filing felony charges and arresting the Raleigh man would pressure him to inform on the occupants of the suspected drug house.
If the Raleigh man followed rule #1 and said ‚ CAN I LEAVE,‚ then the officer should have said yes. If the officer said no, then the officer should have read the Raleigh man his Miranda rights to remind him to remain silent. If the Raleigh man followed rule #2 and refused to talk to the officer, then the officer would have no statement about ‚ sharing marijuana‚ to justify the felony charge. If the Raleigh man followed rule #3 by saying ‚ I WANT TO SPEAK TO A LAWYER,‚ then the officer should have stopped questioning him. If the Raleigh man followed rule #4 and did not give the officer permission to search, then the officer would never have found the marijuana and never filed any charges.
If the Raleigh man followed these rules and the officer searched him without consent, then his attorney would have the legal authority to demand that the judge suppress any statements, exclude any evidence, and dismiss all the charges. Instead, the Raleigh man essentially ‚ volunteered‚ to be arrested and convicted because he didn't know his rights. Please remember your rights and follow the 5 rules below.
5 Rules to Follow When an Officer Approaches You.
1. Say, ‚ CAN I LEAVE?‚ If the officer says yes, then GO.
2. DO NOT talk to the officer.
You may give him your name, address, telephone number and date of birth only.
3. Say, ‚ I WANT TO SPEAK TO A LAWYER‚ to stop the officer from questioning you.
4. DO NOT consent when the officer asks you for permission to search your property.
5. Hire an Attorney who SPECIALIZES in criminal defense.
Please contact Raleigh NC Attorney McCoppin with any questions at:877-481-0011andrew@mccoppinlaw.comwww.mccoppinlaw.com
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