Legal Question in Criminal Law in Colorado
Possesion of a controled substance
My friend got pulled over and they found a small amount of meth.They said they were charging him with posession and DWI. He did not get his rights read, he did not get fingerprinted and they let him go to a sober person and said they would mail him his ticket. What's up with this? And is $30 worth of meth a felony in Colorado?
3 Answers from Attorneys
Re: Possesion of a controled substance
As for how the arrest was handled, it appears to be a low impact method. As for having his rights read, there is a difference between TV shows and reality. He must waive his rights before police can use againt him a statement that he made. As for felony status: possession of any amount of meth is going to start out as a felony.
Re: Possesion of a controled substance
Hard to tell what's up without the police reports. Sometimes it's better to let sleeping dogs lie. Also, possession of any amount of meth is a felony. Good luck.
Re: Possesion of a controled substance
Police need not read a suspect the Miranda rights (to remain silent, to an attorney, etc.). You can be stopped for an investigation, questioned, arrested, hauled off to jail, tried, and convicted -- all without ever having heard the Miranda rights except on the jail TV.
The only effect of not having read the rights is that prosecutors are then (usually) unable to use any defendant statements that were made during custodial interrogation, as evidence in court.
Based on what you've written, the police were rather considerate to your friend, but if he really wants to be fingerprinted and jailed, next time they'll probably oblige him.
Methamphetamine is a Schedule II controlled substance, meaning what while there is some accepted medical use for the drug, it has a high potential for abuse, with severe psychological and/or physical dependence.
Possession of even a nickel's worth (not sure about a penny) is charged as a felony, not only in Colorado, but even in California.
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