For a first offence with marijuana and under 18. No miranda rights read.

In the 1966 case of Miranda v. Arizona, the US Supreme Court ruled that prior to subjecting an individual to custodial interrogation, the police were required to warn an individual of their Fifth Amendment right against self-incrimination as well as their Sixth Amendment right to consult with counsel. If the police fail to do so, they cannot introduce the defendant's statement at trial. Thus, the question becomes, was your friend "in custody", and did the police subject your friend to interrogation. Based upon the information provided, they did not. If the police decide not to introduce your statements at trial, there is no harm in failing to Mirandize you. It happens all the time. The police do not need permission to subject you to what is called a Terry search, which is a quick pat down for weapons performed to assure the officer's safety. Nor is there any problem with a police officer pulling out his taser. Do not talk about this case to anyone until you speak with a lawyer. Do not post any facts about the case here or on any public site, such as Twitter or Facebook. If you and your parents cannot afford counsel, make an application to the public defender's office.

I will answer your second question first. Miranda rights are required only if a person is in custody and the police question him or her with the intention of getting incriminating information. Even if you are in custody and questioned without Miranda warnings, if the information you give is not used against you there is no remedy. That is sort of a "no harm no foul" situation. Your first question is a lot more difficult to answer. Police action in the form a detention or arrest must have some legal basis. Without a lot more information, which you should not give here, there is no good answer. You should speak to an experienced criminal defense lawyer immediately. If you can't afford a private lawyer apply for a public defender. Give the lawyer all the facts so he or she can advise you if there was a basis for the police action, and whether you can contest the case. Good luck.

The Miranda issue has been fully covered. The truly important issues concern the nature of the police encounter and how it occurred. The legal issues here are very complex and fact-sensitive. Exploration of these matters can only happen in the context of a private AND confidential conversation with an experienced drug defense attorney. Most of us here, myself included, with provide you with a no-cost consultation. Take advantage of that opportunity to get some teliable specific guidance. Good kuck

Mr. Myshin has it exactly right. Stop posting anymore information about the case and secure a criminal defense attorney. Good luck.

if they have evidence you were smoking the mj or had possession of some, they have a case against you. you cannot be guilty just for being with someone who is doing drugs. Assuming you were using the mj, your only defense would be an illegal stop and search by the police. you will need to reveiw all the facts with an attorney to see if you have an illegal search defense. if you do not, or don't want to spend the money, you may be able to get a first time offender's program where you would have no conviction. you need to talk to a lawyer about this.