Legal Question in Criminal Law in Washington

Caught with marijuana paraphernalia

I was searched randomly going into the Everett naval station and a marijuana pipe was found in my car. It was not mine, fell out of a friends pocket as far as I can tell. I saw it upon opening up my car for inspection, and quickly tried to stuff it in a garbage bag but they eventually came across it- so it has my prints on it, I assume. Everett City Police came, read me my rights. Asked if it was mine, I said no, admitted to using marijuana before; no drugs in car, no lighter in car- nothing else to indicate pot usage. The military asked me a lot of questions (occupation, birth date, S.S.#, etc) but the cop did not. I signed and received nothing with the Everett cop. I was told I was being let go, and that my situation will be given to the Everett City Prosecutor and that 1)I would have an arrest warrant out on me, 2)I would receive something in the mail about a court date, or 3) It would get thrown out- one of the three. I have not received anything yet and this was almost 3 weeks ago. I assumed I would get something in the mail. Is there anyway I can nonchalantly ask Everett if there is an arrest warrant out for me? I am a college student, and plan on going out of country for my last quarter this Fall. What should I do?


Asked on 7/02/04, 7:32 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Caught with marijuana paraphernalia

First of all, in the future don't answer questions like have you every used pot. Second, it is unlikely they will test for fingerprints. I've had vehicle theft cases where they didn't bother to check for finger prints. It is difficult to further assess the case without seeing the police report.

As to timing issues, three weeks is no time at all when it comes to filing criminal charges. The statute of limitations is three years. You can call the Everett Police Station and ask them if there is a warrant for your arrest. A number of people than turn themselves in or just come down and post a bail. You can ask them your options for taking care of it when you call. If they say no choice but to go to jail, call a bond company to double check that.

Of course, the best thing you could do to handle this matter is retain a lawyer. A lawyer could find out if the case has even made it to a prosecutor's desk yet and, if it has, assist them with making the decision whether to file or not (Not to file). If it hasn't the lawyer could be in touch with you abroad if the case does get filed in your absence.

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Answered on 7/02/04, 1:16 pm


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