Please read! Long/confusing situation
So I am 17 years old and love in WI (can be tried as adult) and a high school student. It was spring break and I woke up late around noon. I looked at my phone and a kid that I grew up with wanted to hang out. Although he is a trouble maker and I have ignored him before I thought what the heck, all my friends are on vacation or working. So I went to his house. Him and his other friend needed a ride to town and didn't have licenses so I drove them. They bough cigarettes and put gas in. Then I dropped them off and continued on with my day. I then seen a police car with its lights on going the direction of the kids house but when he sees me spins around and pulls me over. He rushes up, asks me my name, "where is it", and tells me to get out. He then arrests me and asks if he can take a look in the car. I tell him I do not give him consent to search the vehicle. Then he puts me in his car and asks where it is. I asked what? He said the weed. I told him I didn't have any. He then approaches the car and comes back and says it smells like weed so he then gives me another shot to answer. Since I knew he was going to search it anyways and the drug dogs where on the way I told him I had some alcohol and a bowl. He asked where so I told him. He then asks about the other kids. Then he informs me they stole a credit card (no good kids- I should of known better) and says if I cooperated to find them he let me off easy. He questioned where they were, what they were wearing, how much weed they had, who they got the weed from and so on. I told him where they were and described them as best I could and presumed they had about a half oz. He never read my Miranda Rights. He then asked if I smoked. I didn't answer right away so he took of my sun glasses and told me my eyes were messed up and could get it for dui (different name for Marijuana but same thing pretty much) he then threatened to charge me with that unless I told where they got it from. Then they said a name I recognized to the dispatcher for one of the other kids must of gave it up. He asked if that was correct because he was under the impression I drove them to buy it(which I didn't but he didn't seem to believe me). I said I wasn't with them when I got it but it was a good possibility (even though I wasn't for sure and was trying to get out of it since they got a name already.) He then took my information, took me back to the house in the back of his car, and gave me to another officer to drop me off at my mom's work. Then my mom was working a little late, and the rest of the police crew were waiting for the officer to do another drug bust. So he just un cuffed me and let me sit in my mom's work parking lot until she was done. Then I got screamed at for being the dumb ass I was and going to that kids house. The cop said he was charging me with possession of paraphernalia and possession of alcohol but not the dui stuff when my mom got the keys to my car from him later that day.
Few questions
1. Don't they have to read the Miranda Rights in order to question?
2. If they didn't do the dui sorta test can they use that against me in court?
3. I had a similar charge (possession of paraphernalia and thc) when I was 16 that was completely dropped. You can't even see it on the court access records online. Will they somehow bring that back and use it as a 2nd offense?
4. I have already been accepted to a large big 10 school and will they take away my admission or fafsa if I can't get it dropped?
I'm done with this weed crap until it's legalized at least. Because the one time I have it in the vehicle I get caught every time; although this was a poor decision by me and I am really kicking myself for it. Please help. I haven't got the tickets yet. Probably being mailed. But I was cooperative and can't afford to not be able to attend college.
So I am 17 years old and love in WI (can be tried as adult) and a high school student. It was spring break and I woke up late around noon. I looked at my phone and a kid that I grew up with wanted to hang out. Although he is a trouble maker and I have ignored him before I thought what the heck, all my friends are on vacation or working. So I went to his house. Him and his other friend needed a ride to town and didn't have licenses so I drove them. They bough cigarettes and put gas in. Then I dropped them off and continued on with my day. I then seen a police car with its lights on going the direction of the kids house but when he sees me spins around and pulls me over. He rushes up, asks me my name, "where is it", and tells me to get out. He then arrests me and asks if he can take a look in the car. I tell him I do not give him consent to search the vehicle. Then he puts me in his car and asks where it is. I asked what? He said the weed. I told him I didn't have any. He then approaches the car and comes back and says it smells like weed so he then gives me another shot to answer. Since I knew he was going to search it anyways and the drug dogs where on the way I told him I had some alcohol and a bowl. He asked where so I told him. He then asks about the other kids. Then he informs me they stole a credit card (no good kids- I should of known better) and says if I cooperated to find them he let me off easy. He questioned where they were, what they were wearing, how much weed they had, who they got the weed from and so on. I told him where they were and described them as best I could and presumed they had about a half oz. He never read my Miranda Rights. He then asked if I smoked. I didn't answer right away so he took of my sun glasses and told me my eyes were messed up and could get it for dui (different name for Marijuana but same thing pretty much) he then threatened to charge me with that unless I told where they got it from. Then they said a name I recognized to the dispatcher for one of the other kids must of gave it up. He asked if that was correct because he was under the impression I drove them to buy it(which I didn't but he didn't seem to believe me). I said I wasn't with them when I got it but it was a good possibility (even though I wasn't for sure and was trying to get out of it since they got a name already.) He then took my information, took me back to the house in the back of his car, and gave me to another officer to drop me off at my mom's work. Then my mom was working a little late, and the rest of the police crew were waiting for the officer to do another drug bust. So he just un cuffed me and let me sit in my mom's work parking lot until she was done. Then I got screamed at for being the dumb ass I was and going to that kids house. The cop said he was charging me with possession of paraphernalia and possession of alcohol but not the dui stuff when my mom got the keys to my car from him later that day.
Few questions
1. Don't they have to read the Miranda Rights in order to question?
2. If they didn't do the dui sorta test can they use that against me in court?
3. I had a similar charge (possession of paraphernalia and thc) when I was 16 that was completely dropped. You can't even see it on the court access records online. Will they somehow bring that back and use it as a 2nd offense?
4. I have already been accepted to a large big 10 school and will they take away my admission or fafsa if I can't get it dropped?
I'm done with this weed crap until it's legalized at least. Because the one time I have it in the vehicle I get caught every time; although this was a poor decision by me and I am really kicking myself for it. Please help. I haven't got the tickets yet. Probably being mailed. But I was cooperative and can't afford to not be able to attend college.
Civil Rights Issues: Possession of Paraphernalia (Miranda Rights)
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