Artists and celebs in general, often, there is a tendency to think you are immune from the laws and enforcement of laws because of stardom, talent or money. Maybe outside of the USA that is true. But, within the USA, errr .  . . if you do the crime, be prepared to do the time. It is one thing to disobey the law, it is another thing to do it out in the public and so not care.

Robin Thicke clearly felt he was “lost without” lighting up a joint he just had to light one up in public. Clearly, that didn’t fly with the arresting officer who saw Thicke commit the crime and arrested him. With that sexy, gorgeous voice and an equally sexy man, now why did you have to go and do that Robin? What’s good? His criminal defense attorney is, however, not complaining.

Folks, let’s get into the facts from TMZ a bit:

“Robin Thicke has been arrested for marijuana possession in New York City … this according to law enforcement.

According to law enforcement, 34-year-old Thicke was busted this afternoon inManhattan near Madison Square Park — after police claim they saw the singer lighting up a joint inside a black SUV.

Sources tell TMZ, Robin was extremely cooperative — and even signed a couple autographs.

Thicke was given a desk appearance ticket and released soon after. A rep for Robin Thicke had no comment. . .” – TMZ

AML LEGAL COMMENTARY

The Arraignment
Let’s start with the beginning of what happens when a defendant is arrested. Obviously with entertainment defendants, the media frenzy and spotlight becomes even more magnified. Google Robin Thicke’s name and this arrest reported three days ago is now everywhere.

Starting from the beginning, the first thing is the arrest.

Typically you don’t want to say much to the police. They should read you your Miranda rights and all you should be saying is, “I want my lawyer, now!”

I am a California based attorney so I will speak to what California does on this one, although the criminal laws are parallel in most states across the USA.

In California in felony and misdemeanor cases, if the defendant is taken into custody, the arraignment will happen within 48 to 72 hours. If the defendant is not in jail, the arraignment may not happen for several weeks.

Thicke’s first appearance before the court is what is called an “arraignment.” The police cited and release him. The citation contains his first court appearance, the arraignment.

At the arraignment, the court appoints a lawyer for a defendant if the defendant does not have one and qualifies for a public defender. The Judge also  gives the defendant a fair opportunity to plead to the charges i.e. guilty, not guilty, no contest. If a defendant pleads guilty or no contest, a judge can sentence such defendant right away. Most defendants plead “no guilty” buying time to sort out their defense.

The final part of the arraignment is the court entertains arguments from the prosecutor and the criminal defendant’s defense attorney on whether to release such defendant back into the community.

I already mentioned Thicke was cited so this is not an issue. He is clearly not a danger to the community otherwise the police would not have released him.

Assuming he was was held in custody and was now at the arraignment in front of a Judge, the arguments would center around whether he should be released on his “own recognizance (O.R).” For criminal defense practitioners, the lingo  used in court is ‘O.R.’ With O.R, we argue to the court that our client is not a flight risk, has roots in the community etc. Basically we paint the beautiful side of the client.

Marijuana/Controlled Substance Charge

What does it mean if you are arrested and charged with possession of a controlled substance?

• In lay terms it means you are in possession of a drug that is illegal or has certain limitations on where and when you have it.
• What does “controlled substance” mean? Cannabis including marijuana, depressants (tranquilizers, valium, librium), hallucinogens (LSD etc.), narcotics (heroin, opium etc.), stimulants (cocaine etc.)
• What if I was in the car, house etc. and had no idea the drug was even there? Can the Police charge me? Heck yeah. What have they got to lose? If you are in your vehicle where the police finds controlled substances, even if they are not yours, you can still be charged.

On what basis?
It’s a lingo the law and lawyers use, quite a lot. It goes like this “you knew or should have known” that the controlled substance was in the vehicle.

How much time is Robin Thicke Looking at?

In California, he would be looking at a fine of $250-$1,000, 30days to 3years jail time, probation and possibly drug diversion programs to offset probation and jail time.

NOTE: Depending on the state, the amount of time varies. He is in New York. Therefore New York criminal statutes control.

If you are in a situation like Thicke, you should hire a good criminal defense attorney in your respective state and country who can fight for you.

-Uduak

Watch one of Thicke’s classic songs I absolutely adore.