Hearing the words not guilty come out of the Judges mouth was almost surreal. I was at my sentencing hearing and I had a good feeling I would get a not guilty but you hope for the best prepare for the worst.
This all started a couple of months earlier when a friend and I were in my car at 5am and its snowing outside and my car does not handle well in the snow what so ever so my friend and I decided to wait it out. So I ran inside QFC to grab something to eat and drink. In Seattle Washington all QFC s have Top Pot Doughnuts served fresh every morning in their bakery and since I was going to be stuck here for a while I thought I might indulge in a fresh apple fritter and maple bar and a ice cold bottle of milk. When I got back to the car my friend had two meth pipes otherwise known as bubbles in his lap. One of these bubbles was broken and dirty and the other was new but you slightly used. So me being the good friend that I am decided I would put them away for him because he was passed out hard after doing a wap of black. So I picked them up and I decided to clean them while I ate my breakfast and waiting for the weather to clear up enough so that the roads would be safe to travel. So I started cleaning the two pipes using a upright butane torch that you can buy at your local hardware store that is used for soldering or sweating pipes. The resin that is in the pipes is stuck to the sides of the glass and by taking the butane torch and turning it on high and applying the flame directly to the glass and it up till the glass turns redhot it will burn off any residue and and once cooled down leaves the glass looking spotless and brand new. I completed the first one with no problems but during the cleaning process of the second broken one I must have nodded out because next thing I know a local Police Officer is tapping on my window requesting that I open the door or roll down the window. I immediately snapped out of the sleep I was in and I tried to cover the objects that were in my lap but it was too late and the cop had already seen the pipes. So I opened my door and the police officer slowly removed the pipes and then pulled me out of the car and handcuffed me and put me in the squad car. The police officer must have been in a good mood that day because he decided not to search my car even though he had the right too. Which was nice cause I didn’t have dope on me but I did have some in my car. If he did search my car and found the dope the case might have gone a different way but hey everything is for a reason and I was very thankful. So I was booked in jail for possession of Drug Paraphenalia. Luckily my mother bailed me out which was nice cause I didn’t see that coming at all, I only spent a few hours in this small town jail. My parents told me that this is the one and only time they are bailing me out of jail and boy they have stuck to their guns. I wish they would have told me “Hey DopeHead, we are only going to bail you out of jail one time in your whole life do you wish to use this card here and now?”. In hindsight I probably would have said yes, but if I could forsee the tumoltuous year that 2017 was going to be I would have put that get out of jail free card in my wallet and saved it for another day.
So fast forward a few months and its the day before the pre-trial I called my lawyer to speak with him regarding my case. When he opened up my file he told me that they had pictures and that it wasn’t looking very good and that we should take the best deal we can get for it. He wanted to me to basically plead guilty and take whatever the prosecutor was offering me which at this time neither of us knew because it was they day before the pre-trial which is usually when you get offered a deal so you case dosent have to go to the box. But I’m not a push over and this would honestly be my second paraphenalia charge in the State of Washington and I remember my previous lawyer mentioned something to me during that case that the Prosecutor had to prove that I had used the paraphenalia or was going to use it illegally. So I blurted out hey wait a minute if I remember correctly one of the pipes was broken and according to Washington State law on paraphernalia the pipe has to be whole and be usable, if the pipe is broken and said drug can not be consumed thru it then they can not charge you with possession of paraphernalia, and the other pipe was clean and looked brand new and that pipe was bought at the local smoke shop where it is legal to sell and purchase. The lawyer looked at the pictures that were in the file and to his surprise the pipe that was clearly used and had drug residue in it was broken and the other pipe was intact was spotless otherwise brand new looking. So the following day in court my lawyer asked for a continuance and asked me to waive my right to a speedy trial and I also chose to have my case set as a Trial by Judge which essentially makes the presiding Judge my jury and my executioner. So after a couple months went by we were back in court in front of the same judge to find out what my fate was. In short my lawyer who for a public defender was very competent, smart lawyer gave his speech and he referenced a few case laws regarding paraphernalia and some RCW’s and he stated that in the State of Washington to be considered paraphernalia a pipe would have to be intact and usable for whatever drug that the paraphernalia was made to be used for and seeing how this particular pipe with the residue in it was broken and therefore unusable that it should be immiscible from the case and that the other pipe had no residue and therefore was brand new and anyone over the age of 18 could walk into a smoke shop and purchase a pipe exactly like this one. Therefore it cannot be considered drug paraphernalia until an illegal substance is used in this pipe. he finished by stating that I should be found not guilty by the fact that the pipe that was intact can we purchase over the counter legally by anyone of age and that seeing how I had no illegal substances on me the city cannot prove without a doubt that I was going to use said pipe to ingest illegal substances. The prosecuting attorney went through her song and dance stating that said broken pipe that had the residue in it could be used to smoke heroin through it which is silly because it is a meth pipe and any drug user knows the difference between these two different paraphernalia is and she tried to argue that I was going to use drugs through the pipe and referenced previous charges in different counties and cities that I was currently fighting. After going thru the normal paces and hearing my lawyer and the DA say some words regarding their arguments the judge had the stand. The judge spoke loud and clear and made sure that everything he said was understood and taken as law. He first let me know that he found me NOT GUILTY which as I said before is a very surreal moment. When those words left the judges mouth my knees became weak the breath was sucked out of me and I could feel and hear even the smallest sound in the room. I couldn’t believe what I was hearing had the judge really just found me not guilty, did I really just win the case the feelings I felt at that moment are indescribable even though it is just a small misdemeanor case out of a small City in the Pacific Northwest it was like I had beat a murder rap in Superior Court in Washington DC . I felt like I was on cloud nine. I have been telling my parents and my family for a long time that those pipes we’re not mine which they werent that they were my friends and that it had just been poor timing and I feel that a higher power and intervened and set the record straight. The Judge went on to explain why he found me not guilty and it was plain and simple because the pipe that clearly had residue was broken and the intact pipe had never been used. He said my attorney was correct that to be considered drug paraphernalia that the pipe had to be intact and he sighted the same case law my lawyer did. He also stated that the intact pipe was a product that can be purchased legally within Washington State and said pipe was brand new and had no drug residue in it so it was not drug paraphernalia and that the prosecutor couldn’t prove without a doubt that I had planned to use the new pipe within His city limits because when i was arrested I had no drugs on my person. My case was a landmark case is now considered case-law in the State of Washington and is being used in all future paraphenalia cases.
So boys and girls what did we learn today. Well today we learned that if you are ever being pulled over and you are smoking meth well smash the shit out of the pipe and you cannot be charged for it. It actually happened to me when I was being arrested recently. The police were pursuing me and they knocked me down which caused me to fall and roll and once they had me cuffed and pulled out all my belongings my glass pipe was broke and they could not charge me for it. When they pulled that broken pipe out of my pocket they looked right at me and I had a big shit eating grin on my face and the officer who held the pipe in his hand said fuck it broke.
Hey guys if you like this story please leave a comment and subscribe for future posts hopefully you find my stories either funny or educational or just plain entertaining or maybe from some of them you might learn something about yourself. I’m personally writing these stories because I am lost and I’m trying to find my way home and I hope by putting these stories on paper I will realize where I took the wrong turn and went down the wrong path. I know there is no going back but I do plan on learning from my mistakes. Hopefully with the help of my loved ones I will get back on the right path. I will find my way home no matter how long and painful of a journey it might be.
Thank you for reading. One love to all my family and my friends and even the people who I might have done bad things with. If you were a part of my life then somewhere inside of you is a good person who is just making he wrong decisions due to an addiction that you hate and wish everyday you could defeat.