What can happen if I was caught smoking marijuana by security? 31 Answers as of July 13, 2011

I'm 14 years old. I was walking around my neighborhood at 3 am and decided to smoke some weed. Then I got caught by security. What's going to happen?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
It depends on what security did after you were caught (was there a police report done, did the District Attorney present charges against you?) Also, were you caught just smoking or with possession too. Amount of the marijuana is relevant because under an ounce is considered an infraction under SB1449.
Answer Applies to: California
Replied: 7/13/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, you may be able to get an ACOD-adjournment in contemplation of Dismissal which means that the case is adjourned for 1 year and if you do not get into trouble the case will be dismissed. You also may qualify for Youthful Offender treatment since you are under 20. You should hire an attorney to try to get the Acod.
Answer Applies to: New York
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry What do you mean by security? If it is not the police, then it would need to be reported to the police, you would need to be arrested, or the matter would need to be referred to the prosecutor for authorization of a warrant. If some time has gone by, then the matter may never be charged I hope that this was helpful.
Answer Applies to: Michigan
Replied: 7/5/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
This will probably be handled through Juvenile Court or through the municipal court where it happened. Whatever the case, your parents will have to get involved if this becomes a formal court case.
Answer Applies to: Missouri
Replied: 7/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Thats up to security, the police, the DA and the judge, in that order. If charged with a crime, youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/1/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were given a DAT or summons to appear in court you will be appointed an attorney at arraignment. You can retain an attorney to get an ACD dismissal. As long as you are not arrested again in the next 6 moths your case will be dismissed and you will have no criminal record. If you must smoke pot do it in your bedroom with the window open so that only your parents will catch you.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Rent a cops can be a witness but not much more, so don't worry unless you got a ticket.
    Answer Applies to: Nebraska
    Replied: 6/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You could be charged in juvenile court with either possession or use of marijuana. Whether you get charged or not will depend on whether security contacted the police. If the police were contacted and they file a report with the prosecutor, it will be up to the prosecutor whether any charges are filed.
    Answer Applies to: Michigan
    Replied: 6/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    There's a big difference between security and the cops. Unless the cops were called, nothing is likely to happen unless you are a juvenile, in which case the rent-a-cops may rat you out to your folks. You had better pray that the cops don't get involved. A drug conviction can make you ineligible for Federal Education Loans and Grants. That means you would have to pay for college or technical school out of your own pockets. There are other significant consequences for using marijuana. For example, right now you may not want to be a doctor, lawyer, teacher, Federal Agent or Navy Seal. However if you aspire to do any of these professions, you can't have a weed conviction, Also , weed damages your DNA. If you want to have kids some day, you may not want them to have birth defects.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It really depends. If security called cops then possible juvenile charges, if they took the weed, then likely nothing. Do not talk about it to anybody and hopefully it will go away. If you are charged you will be entitled to a court appointed attorney and should get one.
    Answer Applies to: New Hampshire
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You're going to wind up in Family Court with a Petition pending against you for a Juvenile Delinquent or something else.Tell your parent about it and get a lawyer to represent you. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The security officer could make a police report of the incident, but if the police did not respond and collect evidence, you probably will not be charged.
    Answer Applies to: Kansas
    Replied: 6/30/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon whether or not your case was actually turned over to police or another law enforcement agency and charges are pending against you. If you were not actually arrested or ticketed at the time of the incident then you may not be facing charges. If you have some reason to believe that charges will be filed against you then you may want to consider hiring an attorney. This is not in any way meant to condone the abuse of illegal substances.
    Answer Applies to: Louisiana
    Replied: 6/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You're too young for these kinds of concerns. Security might tell your parents. If they confiscated the weed they may call the police and turn you in or they may smoke it themselves. Security may tell your parents and leave it at that. Or, maybe they just won't tell anyone.
    Answer Applies to: New York
    Replied: 6/29/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    I cannot speculate or guess. If you're contacted to come to court and the case is in Colorado, you'll have the right to consult an attorney.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Possible charges of possession of marijuana / possession of drug paraphernalia. But if he didnt write you a ticket at the time, maybe he wont.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Flores & Lopez Law Firm
    Flores & Lopez Law Firm | Joe Lopez
    Hard to say. if the security guard is not a licensed peace officer with Austin police or some municipality, and he didn't report it, you may be in the clear. hard to say.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    On account of your age you will likely have your case resolved by the juvenile court. You will likely be looking at probation with drug counseling and random drug testing. It could possibly cost your parents a bundle to get you out of all of this.The adult criminal penalty for possession of marijuana is up to one year incarceration in the metro jail and a fine of up to $6,000 and a six month suspension of your driving license. A second arrest for possession of marihuana must be for a felony, regardless of the amount possessed, and is punishable by imprisonment in the state prison for up to ten (10) years and a fine of up to $15,000.It ain't worth it.
    Answer Applies to: Alabama
    Replied: 6/29/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    In Florida is a criminal misdemeanor.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to discuss this matter with your parents or guardian, who could then consult with a lawyer in your area. Good luck!
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Security is not the same as cops. If no cop was called, then you're fine.
    Answer Applies to: California
    Replied: 6/29/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If they referred the case to a prosecutor, it may wind up in your local court. If it was private security, they may not refer the case to any governmental entity. If it winds up in court, they could just fine you, or since you're a juvenile they may make you take urinalysis. No matter what be more careful. If you have to take urinalysis, see a good head shop for how to cleanse your system properly.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Several things could happen. I assume that the police were not called that night. The security officer could make a report to the police but the police will probably not accept any charges against you if they were not called that night. But, they could - especially since you are a juvenile. More likely is that the security officer will report what he observed to his employer and they may generate a report for whomever contracts with the company. In turn, they may notify you parents. Or, nothing might happen. You should NOT be out at 3 a.m. You could be kidnapped or killed. And obviously you should not be using illegal drugs. If a police officer caught you, you would have been taken to juvenile for processing and prosecution.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    I take it that the security is a private security agency and not police. They could report you to the police and you might get referred to Juvenile court. maybe nothing depending on what happened to the weed. Did they keep it? Did they turn it over to the police? These are all questions that need to be answered.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    At age 14 in New York State you are still a minor. If you are arrested, your case will be in family court as a juvenile delinquency proceeding, and not in the adult criminal courts. It will be a good wake up call to turn your life around without giving you any criminal record. Your attorney should be able to help you through this, but it will be a good idea not to make these trips to family court a regular habit. At age 16 in New York you are fully an adult for criminal purposes, and drug use will give you a very different experience in the court system.
    Answer Applies to: New York
    Replied: 6/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Probably nothing. They may tell your parents but in Massachusetts, anything less than an ounce is considered a civil violation ( like a speeding ticket).
    Answer Applies to: Massachusetts
    Replied: 6/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You could get charged for marijuana use (which is a 93-day misdemeanor) or marijuana possession (which is a one-year misdemeanor). You will be charged as a juvenile which is a little different than an adult. You will first appear before an Attorney Referee instead of a judge. If you decide to plead guilty at the Pretrial Conference, the case will stay infront of the Referee. If you decide to go to trial, then your case will go to a judge. Either way if you plead guilty or are found guilty, the punishment will probably be the same. You will be signed the juvenile equivalent of a probation officer and be placed on probation. It is similar to adult probation but focuses more on getting help, mentorship programs, and possible community service. You need to have an experienced criminal attorney review your case and he can give you more specific advise about your case. Best of everything.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A security guard cannot charge you with a crime. Only the government can. So, unless the security guard is going to pass that information to the police, you're probably in the clear.
    Answer Applies to: California
    Replied: 6/29/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Your parents will likely be sent a letter from juve probation (it varies from county to county) but they get a letter to appear either in court or a juvenile probation officer to discuss the case and you. If they think you are a good kid, and have good attitude, they will dismiss case if you attend and complete some program or class For you, the only thing you need to make certain is that nothing is on your record when the case is over. Its called deferred entry of judgment. You'll be fine.
    Answer Applies to: California
    Replied: 6/29/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Either nothing, or you will be given a citation for possession of marijuana less than one ounce, which is only punishable by fine unless you have a prior record. You could also be charged with possession of drug para, etc.
    Answer Applies to: Nebraska
    Replied: 6/29/2011
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