Legal Question in Criminal Law in Minnesota

Hi, My boyfriend and I were on our way home from a gig last Friday night and got pulled over for a dream catcher hanging in the rear view mirror, the officer stated he smelt marijuana and ordered us to hand it over, we gave him a pipe but still demanded he search our car. We were NEVER read our rights, even after the second police officer had pulled up. they had found a small mason jar and a larger one, mine had exactly 14 grams in it (I know this because I had just purchased it earlier that day and hadn't smoked any of it yet) and my boyfriend's was about two ounces. They asked whose it was, and we said it was ours. When they weighed the marijuana out, they set the scale on the back of the car which is about a fifteen degree angle, put the marijuana in A HEAVY DUTY bag about a foot across and set it on the scale that is about 3 inches across. As she weighed it she had to keep her hand on the bag to keep it from rolling off. TELL ME HOW THIS IS ACCURATE?!? We both got arrested that night and had to spend four days in jail (until Monday for the judge to see us). When I was in jail I received the report from the police officer, saying my jar had weighed out to a whopping 26.5 grams ALMOST DOUBLE THE AMOUNT I knew for a fact I had, and the other had been 56.9 (incorrect as well). I want them to re weigh it out in front of us correctly, I will own up to the amount I had but not DOUBLE. It really pisses me off. while I was in jail we watched at least 2 movies that GLORIFIED the use of marijuana, tell me how this is right??? When we had gotten out and opened our trunk they had completely disrespected our things. we had 2 microphone stands that were crammed UNDER the two spare tires, my Two Hula Hoops (which I use everyday) were crinkled and destroyed. they also ripped open the interior in the back of the trunk (something we cannot pay for). They destroyed three items that belonged to us, (the two hoops and the interior) and the mic stands could have easily broken under the pressure of two tires. We had not been at all sassy or rude that night, but they still felt the need to be assholes to our property. I want the law system to focus on REAL criminals. My boyfriend and I never hurt anyone, we are functioning members of society and are very healthy people. WE ARE NOT FELONS. I want someone to please help me tell me what our options our, our next court date is the 27th of November please help us out we don't know much about the law, we need answers because we ARE NOT going down for this. Besides even with the extra 24-30 (who knows) grams the idiots added wouldn't add up to 2 felony amounts. I am sick to my stomach everyday knowing marijuana is classified as a dangerous drug in Minnesota. Please help us fight our case, we never hurt anyone, this is a victimless crime.. I need answers!

Asked on 11/20/13, 10:01 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

First, officers are not required to read Miranda Warnings unless the person is in custody and subjected to a custodial interrogation. If the interrogation occurs without reading the warning, any evidence adduced by the interrogation maybe suppressed.

Second, there may be many defenses. However, that would require careful review of the evidence. If the stop itself is successfully challenged, or the search, the evidence may be suppressed.

You must retain experienced counsel.

For a consultation call 612-240-8005.

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Answered on 11/20/13, 10:31 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. First, it is not wise for you to post details of this issue here, on a public website. You are in need of attorney counsel. There may be multiple defenses. Your attorney shall speak with you at length as to what occurred, study the evidence, and she/he can provide you with reasoned legal counsel.

Tricia Dwyer Esq at 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

Phone 365 Days of Year, daily until 8 p.m.

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Answered on 11/20/13, 2:39 pm

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