04-06-2006, 09:46 PM
[#505000]Absolutely there is discresion and and it depends on the officer. I can say without reservation that most officers would have taken action on the situation that started this thread. Even if a warning was issued I think any officer would have at least approached and confiscated the drugs and or paraphernalia. Sometimes the descresion boild down to: Warn for the pot issue a ticket for the pipe, or vise versa. [/#505000]
[#505000][/#505000]
[#505000]Also the descresion tends to get a lot more focused based on the severity of the crime. I work primarily felony cases at the moment and so my descresion is really limited. I submit charges on everything that has enough evidence. With traffic tickets there is enough lee way to drive a bus through sideways. most drugs laws are felonies. Marijuana is a misdemeanor and usually some descresion can be exercised but more often than not it will be charged. [/#505000]
[#505000][/#505000]
[#505000]I think if someone is dumb/bold enough to smoke it in a public place for all to see they should expect their chances of getting nail are pretty high, and hsould be ready to pay the price whatever that may be.[/#505000]
[signature]
[#505000][/#505000]
[#505000]Also the descresion tends to get a lot more focused based on the severity of the crime. I work primarily felony cases at the moment and so my descresion is really limited. I submit charges on everything that has enough evidence. With traffic tickets there is enough lee way to drive a bus through sideways. most drugs laws are felonies. Marijuana is a misdemeanor and usually some descresion can be exercised but more often than not it will be charged. [/#505000]
[#505000][/#505000]
[#505000]I think if someone is dumb/bold enough to smoke it in a public place for all to see they should expect their chances of getting nail are pretty high, and hsould be ready to pay the price whatever that may be.[/#505000]
[signature]