QUESTION
If I pay my fine and do classes, will I still have the marijuana possession in my record?
Asked on May 30th, 2013 on Criminal Law - Georgia
More details to this question:
I have a possession of marijuana in my record. The marijuana wasn’t mine but I was in the car so I was charged with it. This is for South Carolina.
10 ANSWERS
Michael J. Breczinski
You have to work out a deal BEFORE pleading that includes no criminal record. Get a lawyer.
Answered on Jun 04th, 2013 at 9:47 AM
John J. Carney
Retain a lawyer to win the case if you are innocent, do not plead guilty or accept a plea offer.
Answered on Jun 04th, 2013 at 9:46 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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The conviction does not disappear unless there is a specific agreement with the judge and prosecutor that the case will be dismissed upon successful completion of your probation. If you are not on a deferral status or if you did not plead with the agreement that there would be a dismissal, you will probably have to seek an expungement.
Answered on May 31st, 2013 at 4:32 PM
Geoffrey MacLaren Yaryan
If it was less than an ounce in California you get only a fine and it can be expunged. You could also go to diversion classes and the case would be dismissed.
Answered on May 31st, 2013 at 4:31 PM
If you get a deferred entry of judgment, take classes. Case should be dismissed. Some courts do not allow this. Get an attorney.
Answered on May 31st, 2013 at 11:53 AM
Thomas Edward Gates
It depends upon what your plea agreement says. Some cities have a diversion program, hence, no criminal charges. Your next best option is a Stipulated Order of Continuance, you will have activities to complete and you will be on probation for one year, but completing the terms will result in no charge. Finally, you option is to get a deferred sentence. You will have activities to complete and be on probation for one year. If completed, your guilty plea will be replaced with deferred. You will need to expunge your record after probation.
Answered on May 31st, 2013 at 11:52 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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It depends on the judge and the prosecutor. Usually, for a first time offender marijuana case a conviction can be avoided but there may be conditions that you have to follow. The problem is when the conditions are difficult to follow, such as drug testing. You should contact a lawyer and he may be able to avoid some of the difficult conditions.
Answered on May 31st, 2013 at 11:06 AM
Criminal Law Attorney serving Charleston, SC
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Sahn Law Firm
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If you pay the fine, then you will be convicted on the charge. Then it will stay on your record for at least the next 3 years. Please consult a defense attorney to go over all your options.
Answered on May 31st, 2013 at 11:06 AM
4 Awards
This depends on the local court that you are at. Some courts will permit that type of disposition at the MDJ. Others may offer you Section 17 or ARD at the Common Pleas level, which provides for expungement after a period of probation.
Answered on May 31st, 2013 at 11:05 AM
If you plead guilty and pay the fine, you will have the drug conviction on your record forever and it can never be removed. You need to hire a criminal defense attorney to represent you to keep this off your record. If you have no prior convictions, your attorney can probably get it plea-bargained down to "Littering." You will have to pay a fine and court costs, but you won't have to appear in court. It's possible that you might be required to attend a drug education class. Of course, the outcome all depends on which court this is in, your criminal history, your age, the details of the case, and the skills of your lawyer.
Answered on May 31st, 2013 at 11:05 AM