SWIM got arrested for having 6 gram bags of weed at a public park after 9. He is also 15 and has no previous criminal record.

What kind of punishment could he be looking at? AFAIK, he is only charged with being in the park after hours, being at the park with a controlled substance, and having the weed itself. He also heard something about "intent to sell" but that shouldn't be the case since that requires at least an ounce.

So - any legal advice for my dude or a general idea of whats going to happen would be appreciated.

EDIT : This took place in New Jersey by the way

SWIM got arrested for having 6 gram bags of weed at a public park after 9. He is also 15 and has no previous criminal record.

What kind of punishment could he be looking at? AFAIK, he is only charged with being in the park after hours, being at the park with a controlled substance, and having the weed itself. He also heard something about "intent to sell" but that shouldn't be the case since that requires at least an ounce.

So - any legal advice for my dude or a general idea of whats going to happen would be appreciated.

EDIT : This took place in New Jersey by the way

Any amount of Marijuana under 50 grams in NJ is automatically a misdemeanor. If for some reason you have under an ounce and there is reason to believe you are selling it (several different bags, a scale, lots of money, etc) then that is another misdemeanor. In New Jersey "intent to sell" doesn't necessarily have to do with how much weed you have, since under an ounce is a misdemeanor and over an ounce is a felony. Now, that is not to say that if you get caught with a pound and no scales or bags you won't get intent to sell... but that is irrelevant.

Being in the park after hours is probably just a citation, and being in the park with a controlled substance (I'm guessing) is another misdemeanor.

What kind of park is this!?!?

Here in NY we have this thing for young offenders called "youth court" where you are tried by your peers and upon completion your record remains clean and you're slapped with community service. If you don't have that option in Jersey I suggest you lawyer up. Either way all I see in your future is fines and community service.

EDIT: Read this!
http://www.judiciary.state.nj.us/criminal/charges/cds018.pdf

SWIM SHOULDN'T BE USED HERE! :mad:

They found one bigger empty ziplock bag, an empty gram bag, and 6 gram bags on this kid.

They also found 155.68 cents and a two dollar bill. They kept calling him a dealer but he didn't say anything that would give himself away. There wouldn't be any reason for the court to believe him to be a dealer.

Should fines and probation be expected?

King3x, go get some fucking coke or something and harden the fuck up.

You're not fooling anybody.

Well you are a juvenile so the only fines will be court costs. What will happen is you will go to court and either plead guilty to the charge or go to trial. Then idk how it works in NJ but in Nebraska you and a parent meet with a probation officer and discuss what happened and they will ask about your life and see if you are a good kid or a total fuck up. Then you will go back to court, probably get 6 months to a year probation. You will also most likely have to attend outpatient treatment, which costs anywhere from $700 - $1000 dollars. Some community service is also possible. You will meet with your PO every 2 weeks or once a month to take drug tests also. After you do all that shit you will be off probation, and I don't think your record as a juvenile carries over to adult so you should be good.

Edit: I forgot you may get a "diversion" program which isn't with the courts but its the same thing that youth court stuff what that other person brought up. It would be similar to probation except the charges are formally dropped after you complete it.

Is there any way for these not to show up on his juvenille record either? When he attends college, he will still be 17 so the record will still exist.

he doesn't want this to harm his chances of attending a prestigous school (haha. yeah right)

Is there any way for these not to show up on his juvenille record either? When he attends college, he will still be 17 so the record will still exist.

he doesn't want this to harm his chances of attending a prestigious school (haha. yeah right)

Yes. Like me and the poster above me have already stated, if NJ has some type of youth court, then upon completion the charges will be dropped completely. If you don't have that option get a lawyer and plea the charge down. It really depends on your town and none of us can say for certain what is going to happen (only what can happen).

Furthermore I lied on all my applications about not being suspended from high school and not having any misdemeanor charges. I got in everywhere I applied.

Edit: They found several individual bags of weed and $155 on a 15 year old?! How the fuck can you say theres no reason to believe you were selling weed?

Maybe that's just how it was bought?

And also, SWIM works and gets paid in cash.

Maybe that's just how it was bought?

And also, SWIM works and gets paid in cash.


I am wishing some kind of horrible pain upon you right now.

How can they prove beyond a reasonable doubt that I am a dealer?

If they can't, then the main thing (Intent to Distribute) is knocked out.

EDIT: What would I have to do to get this expunged from my record? I don't want to give out anyone.

How can they prove beyond a reasonable doubt that I am a dealer?

If they can't, then the main thing (Intent to Distribute) is knocked out.

You are in a park after hours, in possession of marijuana that is broke down into different bags all at the same weight (1 gram and a larger baggie, so it appears you bought weight and broke it down yourself, as opposed to buying it that way), and you have varying denominations of cash on you with no physical way to prove you worked for it since you get paid in cash. No paper trail. Looks to me like there is plenty for them to attempt to hit you with Intent to Distribute.

In the original post you said "As far as you know...". Brother, you better know what you are getting charged with. Cops like to hit with multiple charges if they can, so the offender isn't able to plea down as far and if you get arrested again, it makes you into an habitual offender. They get to fuck you even harder on the second go round. So being hit with Intent to Distribute is a real possibility given the situation.

Here's to hoping they don't try to nail you to the cross.

Hmmm well quit with this SWIM bullshit and all this hypothetical crap like the courts of New Jersey will go on totse and find this thread.

Anyways since you had the weed separated theyre definitely gonna be on your ass for being a "dealer". So if thats true you either have to admit to it or fight it in trial. I think thats plenty of evidence for any sane judge to think you're a dealer so I wouldn't be a dumbfuck and just go along with that. And cause who has 6 gram bags separated and all that is a fucking dealer I don't give a fuck what you say.