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Offlinephieralph
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Registered: 03/29/11
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Help!
    #14203741 - 03/29/11 01:22 PM (12 years, 11 months ago)

Okay, so over this past weekend I took a trip on an eighth of shrooms and it turned out to be the worst day of my life. To make a long story short, I ended up in one of my college's buildings in which I had no shirt on and was sitting on a balcony on the 2nd floor. The police were called and I was restrained, but I never physically fought back. I only refused to move, they basically carried me to the cruiser. Now, keep in mind I thought this was all a dream so I wasn't worried about legal trouble. Anyway, the police asked me a million times what I was doing and at some point I told them I took shrooms. I had a roach in my pocket as well I was unaware of. However, the shrooms were all eaten so they weren't on me and at the hospital, I came up negative in a urine test for marijuana, alcohol, and they didn't even test for shrooms. Anyway, I'm in a lot of trouble and I got two citations from the police. One states, "Public Drunkeness - Def. was walking around with no shoes, or shirt serving no legitimate purpose" and "Disorderly Conduct - Def. resisted police, and was endangering himself and others around him". Now I was told by the police I;m not getting in any trouble for resisting the police but he told me I would get in trouble for the marijuana because it was my second time this year with possession (before it was around 2 grams or so, maybe less). I'm just wondering if anyone knows how this might turn out or if I can try to argue I was extremely drunk that night and don't remember anything that happened. Thanks guys, anything will help, I'm pretty stressed about all this stuff.

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Offlinephieralph
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Re: Help! [Re: phieralph]
    #14203769 - 03/29/11 01:28 PM (12 years, 11 months ago)

Also, do you think it's safe for me to smoke marijuana around this time? Or could another drug test resurface soon?

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Offlinephieralph
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Re: Help! [Re: phieralph]
    #14209277 - 03/30/11 12:19 PM (12 years, 10 months ago)

can anyone give any helpful advice?

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Offlinecbhead23
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Re: Help! [Re: phieralph]
    #14209336 - 03/30/11 12:30 PM (12 years, 10 months ago)

Well fuck dude.

I would suggest not smoking pot.  A prior charge related to bud can't be good, and will probably cause you some trouble. 

The sooner you are clean, the better.

Good luck man, sorry I'm not of much help.  Sounds like you had a weird time....

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Offlinephieralph
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Re: Help! [Re: cbhead23]
    #14209477 - 03/30/11 01:03 PM (12 years, 10 months ago)

Thanks for some advice, man. Anything helps. Although one positive that has come out of this: I haven't smoked a cig in the five days since it happened so...Hooray!

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OfflineAlan RockefellerM
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Re: Help! [Re: phieralph]
    #14210218 - 03/30/11 03:46 PM (12 years, 10 months ago)

It is good that your alcohol/drug test came up negative.

I would tell them that you have mental issues that caused your odd behavior.

It might help if you go to a doctor and get diagnosed with the mental issues.  Tell the doctor that you do not know what happened and that you just do crazy stuff with sober.

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Invisiblemaug
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Re: Help! [Re: Alan Rockefeller]
    #14210886 - 03/30/11 05:42 PM (12 years, 10 months ago)

Quote:

Alan Rockefeller said:
It is good that your alcohol/drug test came up negative.

I would tell them that you have mental issues that caused your odd behavior.

It might help if you go to a doctor and get diagnosed with the mental issues.  Tell the doctor that you do not know what happened and that you just do crazy stuff with sober.




That could very easily backfire. I would not smoke pot. You should either get a medical marijuana card before you do, or try one of the dozen or so JWH cannabinoids you can legally use. Some states have a 3 strikes and your out policy, so the next time you have a roach you might be going to jail (which can be harder time than prison)

You kinda screwed yourself over by talking to the cops, because essentially they had very little to go off of and you gave them a verbal confession. Now a cop, who is an expert witness and carries a lot of trust with the judge/jury, can use your statements against you in court. Next time, play possum until you get a lawyer. Your defense lawyer will thank you.

In the future, I would not recommend going anywhere near a college campus while loaded of in possession. I've been harassed by cops just walking through a college campus on a Friday night. They must have pegged me as suspicious because moved a squad car at each entrance/exit of campus right before I got there, and they were clearly looking for someone in all the places I was going. After this happening 5 times I got a little nervous, but I was able to avoid contact. Seriously, they prey on college kids. They know that's the age they discover weed/alcohol.


--------------------
I think nighttime is dark so you can imagine your fears with less distraction. -Calvin and Hobbes

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Offlinephieralph
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Re: Help! [Re: Alan Rockefeller]
    #14214013 - 03/31/11 09:54 AM (12 years, 10 months ago)

Yeah, I was thinking of that or saying the marijuana I smoked was laced but then again, would that just come up as me doing PCP or something? And how big is it that I told the police I was on shrooms? Anyway of saying I was just too fucked up? Or say I was just losin it?

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Invisiblemaug
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Re: Help! [Re: phieralph]
    #14214368 - 03/31/11 11:29 AM (12 years, 10 months ago)

Quote:

phieralph said:
Yeah, I was thinking of that or saying the marijuana I smoked was laced but then again, would that just come up as me doing PCP or something? And how big is it that I told the police I was on shrooms? Anyway of saying I was just too fucked up? Or say I was just losin it?




They would probably charge you for pcp. It's generally best to not say you haven done illegal substances to the cops.

However, in court you could specify that by "shrooms," you really meant "amanita muscaria." In many states, this is a legal high that is legal to consume, sell, promote, extract to use as a cooking spice, cross boarders with, "etc. At moderate to low doses it feels like a cheap drunk, and gives you flashes of sleepiness and sometimes disorientation

The state might use the opportunity then to make this an illegal substance. So it may be best to start by saying "shrooms" is a loose term, and very few mushrooms actually contain a controlled substance like psilocyben. Hopefully... because they didn't test for it, and it's only testable for 1-3 days, all they have you on is a roach and and some kind of disorderly conduct charge.

Maybe you could specify that by "shrooms" you really just ate some oyster mushrooms that weren't fully cooked. That would cause you to flush out a lot of water (When I did this I shit at least half a gallon of water, it's very strange feeling), and what the police saw as "disorderly" was really just dehydration.


--------------------
I think nighttime is dark so you can imagine your fears with less distraction. -Calvin and Hobbes

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Offlinephieralph
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Re: Help! [Re: maug]
    #14214504 - 03/31/11 12:06 PM (12 years, 10 months ago)

Wow, this is the best advice I've gotten yet. Thanks, this actually sounds like a sound argument I could use.

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Invisiblemaug
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Re: Help! [Re: phieralph]
    #14214609 - 03/31/11 12:28 PM (12 years, 10 months ago)

I think it is possible for them to charge you with a crime if they change the law... For instance the first case of cyber-stalking.

When they get into the fear mongering, maybe you could point out that life is a constant hallucination, and our bodies have natural variation and dynamically adapt to even the most extreme conditions and ordeals. For the hallucination part, I like the example that if I see the Eiffel Tower I don't have a small Eiffle Tower in my head. I have a hallucination in my head. It's a Serotonin hallucination, which is a composite with other hallucinations like the endocannabinoid system's hallucinations. These drugs (psilocin, cannabinoids, and muscimol) affect us by mimicking normal brain/body chemistry, not necessarily by destroying anything.

edit:
I said they mimic, but the closest they can be mimicking and not be the same by being one-off in some way. Naturally the Eiffel Tower or hallucination/reality will be one off too. Now there's people who claim they are functional and can drive and go through life while constantly buzzed, but that's like a paraplegic with peg-legs giving a lap dance. It can be done, and it's just one detail that's different, but it's not quiet the same. On the other hand, what the government is discriminating against is a mind state, and you can't have freedom of speech with having diversity of thought, mind, and body. comparitivly, old people are also different from the ideal body, and have loss of function in many, many, many ways. Here's an interesting talk I'm listening to on that. link Keep in mind, anything like this stuff that you claim, you'll need to be able to explain to an expert as well as people who have no experience.

edit, edit:
btw, you don't need tell the court that you smoked the weed that night. It's bad enough that you had it on you. If there is anything in THEIR testimony that says they smelled weed or whatever, then that's their statement and not yours. All you need to say is something like "At this time I would like to exercise my rights as stated under the 5th amendment of the constitution." It's very bad to get caught lying to the court, so this is one way you avoid lying or explaining things you don't know. I said "at this time", so you could elaborate later.


--------------------
I think nighttime is dark so you can imagine your fears with less distraction. -Calvin and Hobbes

Edited by maug (03/31/11 02:19 PM)

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OfflineAlan RockefellerM
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Re: Help! [Re: maug]
    #14215667 - 03/31/11 04:06 PM (12 years, 10 months ago)

Quote:

phieralph said:
And how big is it that I told the police I was on shrooms?




That was bad and is enough to get you convicted of public intoxication.

Quote:

maug said:
They would probably charge you for pcp.




A failed drug test will not get you charged for drug possession.


Quote:

maug said:
However, in court you could specify that by "shrooms," you really meant "amanita muscaria." In many states, this is a legal high that is legal to consume, sell, promote, extract to use as a cooking spice, cross boarders with, "etc. At moderate to low doses it feels like a cheap drunk, and gives you flashes of sleepiness and sometimes disorientation.




The fact that a substance is legal is not a defense against public intoxication.

Quote:

maug said:
I think it is possible for them to charge you with a crime if they change the law...




No, see http://en.wikipedia.org/wiki/Ex_post_facto_law

"Ex post facto laws are expressly forbidden by the United States Constitution."

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Invisiblemaug
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Re: Help! [Re: Alan Rockefeller]
    #14216007 - 03/31/11 05:24 PM (12 years, 10 months ago)

@Alan Rockefeller

That makes sense with the pcp and law part. With the shrooms/intoxication part, do you think there is any chance he could blame the whole thing on something more socially acceptable like dehydration?


--------------------
I think nighttime is dark so you can imagine your fears with less distraction. -Calvin and Hobbes

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OfflineAlan RockefellerM
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Re: Help! [Re: maug]
    #14216026 - 03/31/11 05:27 PM (12 years, 10 months ago)

He can blame it on whatever he wants but I doubt the court will fall for it.

There may be other evidence such as dilated pupils.

Once you confess to a crime you can't really take it back.

Many police officers define public intoxication as "someone who is drunk enough to admit to the police that they were drinking."  This is partly because you would have to be pretty messed up to do that, and also because they then have the evidence that they need to make the case stick.


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Offlinephieralph
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Re: Help! [Re: Alan Rockefeller]
    #14216998 - 03/31/11 08:05 PM (12 years, 10 months ago)

WOuldn't I rather get stuck with being publicly drunk though as opposed to being tripping on shrooms? I feel like they would be more kind to a kid who was drunk as opposed to some kid trying some crazy drug.

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OfflineAlan RockefellerM
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Re: Help! [Re: phieralph]
    #14217595 - 03/31/11 09:55 PM (12 years, 10 months ago)

The charge is the same.

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Offlinephieralph
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Re: Help! [Re: Alan Rockefeller]
    #14218077 - 03/31/11 11:36 PM (12 years, 10 months ago)

are you sure? I would get underage drinking with being drunk and the other I would get... high on shrooms.

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OfflineAlan RockefellerM
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Re: Help! [Re: phieralph]
    #14218106 - 03/31/11 11:43 PM (12 years, 10 months ago)

They arrested you for public drunkenness, not "high on shrooms".

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Offlinephieralph
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Re: Help! [Re: Alan Rockefeller]
    #14218222 - 04/01/11 12:11 AM (12 years, 10 months ago)

That's true but I still need to go to court and explain why I kept saying I was high on shrooms.

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Re: Help! [Re: phieralph]
    #14219354 - 04/01/11 07:18 AM (12 years, 10 months ago)

Quote:

phieralph said:
That's true but I still need to go to court and explain why I kept saying I was high on shrooms.




Say you were drunk?
Drunk people say some fucked up shit


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Yes this is tymo - I just changed my name

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There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
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