Underage Drinking Marijuana Defense

Summary

In Delaware, possession of small amounts of marijuana is a civil violation. The Fifth Amendment protects against self-incrimination, and officers cannot legally threaten harsher penalties for invoking this right. The smell of marijuana can be probable cause for a search. Officers can enter private property if they suspect a crime. Without evidence, proving underage drinking may be challenging. Consult a lawyer for the best defense strategy.

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i have civil court tomorrow for underage drinking and marijuana
Hello Benjamin, I understand you're dealing with a difficult situation. In Delaware, the penalties for underage drinking and marijuana use can vary. Can you provide more details about the circumstances of your case?
I was sitting on my friends front porch smoking a joint and a cop walks up onto the property and asks who is smoking. nobody answers so he makes everyone show their hands and snaches the joint out of my hand. I was questioned heavilly by the officer so i told him I would like to plea the 5th amendment. I was told that if i plea the 5th that i will be subject to harsher penalties and he would notify my school of noncomplience
Hello Benjamin,
*. In Delaware, possession of a small amount of marijuana is a civil violation, not a criminal offense.
*. The Fifth Amendment protects you from self-incrimination. You have the right to remain silent.
*. An officer cannot threaten you with harsher penalties for exercising your rights.
*. About notifying your school, this will depend on the school's policies and the discretion of the officer.
can an officer lie and blackmail me into being scared and giving up my 5th amendment right
It is unethical and potentially illegal for an officer to lie and intimidate you into waiving your Fifth Amendment rights. If you believe this has occurred, you may want to consult with a lawyer or file a complaint with the law enforcement agency involved.
the officer also cited me for underage drinking even though he did not breatholize me or see me holding alchohol, he just said he smelled alcohol. but how do you smell alcohol over the smell of a burning joint
In Delaware:
*. An officer can claim they smell alcohol as probable cause for a search or further investigation.
*. However, without evidence (like a breathalyzer test), it may be challenging for them to prove underage drinking in court.
*. Consult with a lawyer for the best approach in your case.
*- Is marijuana decriminalized in Delaware? *- Is the smell of weed probable cause in Delaware? *- Why did the officer have the right to enter private property and stay after I asked him to leave? *- If the officer didn't know my age yet, why was I detained on private property for smoking weed? *- Did the officer have the right to search and ID me? *- I asked the officer if I could call my dad while he was interrogating me, and he said no, Is that legal? After I clearly said I plea the Fifth Amendment; *- Why did the officer threaten harsher punishments, threaten to cuff me and bring me to jail, and threaten to notify the University of Delaware that I did not comply because I invoked the 5th Amendment? *- Are police officers allowed to lie and make threats to force me into self-incrimination? And if so why are they?
*. Yes, marijuana is decriminalized in Delaware for small amounts.
*. The smell of weed can be probable cause for a search in Delaware.
*. An officer can enter private property if they have reason to believe a crime is being committed.
*. You can be detained if an officer suspects you're involved in illegal activity, regardless of age.
*. If probable cause is established, an officer can search and ID you.
*. During an interrogation, you generally have the right to contact a lawyer, not necessarily a parent.
*. Threatening harsher punishments for invoking the 5th Amendment is not legal.
*. While law enforcement can use deception in investigations, intimidation to force self-incrimination is not legal.
will i be asked to take a drug test for the marijuana ticket
In Delaware, it's usually not required to take a drug test for a marijuana citation. However, circumstances could vary depending on your case details and court discretion. Always consult with a legal professional for personalized advice.
can you help me with what to say in court
Sure Benjamin, here are some general tips:
*. Dress appropriately.
*. Arrive early.
*. Speak only when directed or permitted.
*. Show respect to everyone in the courtroom.
*. Be honest and concise in your statements.
*. You may say, "Your Honor, I plead not guilty."
*. Consult with a lawyer to prepare your defense.
how should I respond to the officers accusations that i do not agree with
In court, it's important to maintain respect and calm. If you disagree with the officer's accusations, you can say, "Your Honor, I respectfully disagree with the officer's account of the events," and then briefly state your version. Consult with your lawyer for the best approach.