QUESTION
Do I need an attorney for a first time marijuana possession charge?
Asked on Feb 08th, 2013 on Criminal Law - Georgia
More details to this question:
During traffic stop I had a few grams on me, definitely less than an oz. Should I just use a public defender since it was less than an oz?
10 ANSWERS
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If this is from California, then possession of less than an ounce is an infraction, so you wouldn't be entitled to a public defender. You can hire your own attorney, but you can't get one appointed. If this is charged as a misdemeanor because it was in a car, then yes, you can request a public defender if you financially qualify.
Answered on Mar 07th, 2013 at 11:25 AM
Michael J. Breczinski
Either the public defender or a retained lawyer should be able to work out something where you end up with no conviction for the drugs.
Answered on Feb 18th, 2013 at 2:51 PM
John J. Carney
You can get an ACD even with a public defender for a first offense. You should be careful not to have pot in a car or in your pocket since another arrest may result in a criminal conviction.
Answered on Feb 18th, 2013 at 2:51 PM
Geoffrey MacLaren Yaryan
Depends upon whether you have a defense. It's a minor charge with only a fine if convicted, but it will be on your record. If it was a traffic stop, there may be an illegal search issue, it would be wise to contact an attorney.
Answered on Feb 11th, 2013 at 12:55 AM
Thomas Edward Gates
Your income determines whether you qualify for a public defender.
Answered on Feb 08th, 2013 at 2:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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A public defender is an attorney and most are very experienced and good at what they do despite a somewhat sordid public opinion. Even a first offense marijuana charge can have severe consequences such as a loss of your driving privileges , not to mention fines & costs, probation, and possibly jail. Stick with an attorney just to be on the safe side.
Answered on Feb 08th, 2013 at 2:48 PM
3 Awards
If you are 21 years of age or older this should not be illegal
Answered on Feb 08th, 2013 at 2:47 PM
You won't get a public defender if it's a municipal ordinance violation. Public defenders only handle state charges. You definitely need to hire a criminal defense attorney to represent you. It's not the prosecutor's job (or the judge's job) to offer you a good deal. If you have no prior convictions for a drug-related offense, then your attorney can probably negotiate a plea bargain to get the possession charge reduced to "Littering" with a fine and court costs. You probably won't have to appear in court. You might have to attend a drug education class. Call around and get some price quotes from criminal defense attorneys, but if this is in the St. Louis area, I would suggest that a fair price to pay a lawyer to handle this would be $350-$400, depending on which court it's in, how soon the court date is, and your criminal history.
Answered on Feb 08th, 2013 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If this a first offense you need an attorney to hopefully keep this off of your record. The real issue is the future, get clean and stay clean.
Answered on Feb 08th, 2013 at 2:47 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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If you're accused of possessing less than an oz in California, you are not entitled to the Public Defender's services. Simple possession is an infraction, just like a traffic ticket. It's a small fine and no mandatory court appearance. Don't waste your money hiring a lawyer. If you're accused of anything more serious than simple possession (e.g. intent to distribute, transportation, etc.), then you should definitely speak with a private attorney to discuss your options before you make any decisions in the case.
Answered on Feb 08th, 2013 at 2:46 PM