QUESTION
What is her best defence on a small amount of marijuana that was found in her car?
Asked on Aug 27th, 2012 on Criminal Law - Florida
More details to this question:
She was written a ticket for small amount of marijuana in a homemade pipe found in her car that really was not hers. They did not take her in, had no reason to search car and her boyfriend took off running. The car is in her name. She went to court and they want to appoint her a lawyer, because she has no income and set a court date a month later. It is her first offence. She is not on probation or anything. What do you think will happen? Why was not she taken in at the time they wrote the ticket?
17 ANSWERS
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Have the case dismissed and do some community service.
Answered on Sep 05th, 2012 at 9:38 PM
If the car is in her name and she was in the car when drugs were found, she can be convicted of unlawful possession of a controlled substance. If the amount of marijuana was less than 40 grams, it is a misdemeanor. Law enforcement rarely takes anyone in custody for such a crime.
Answered on Sep 05th, 2012 at 9:37 PM
Dennis P. Mikko
She should ask for a court appointed attorney who can review the matter and further advise her. If she is not guilty, she should not plead guilty.
Answered on Sep 05th, 2012 at 9:37 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Possession of under an ounce of marijuana is an infraction, so she's not entitled to an appointed attorney. The maximum fine is $100 plus "penalty assessments" and court fees. She can retain an attorney to represent her in court and fight to suppress the evidence and/or get it dismissed.
Answered on Sep 05th, 2012 at 8:44 PM
Some boyfriend! Dump the jerk. She needs to hire an attorney ASAP.
Answered on Sep 05th, 2012 at 4:24 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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The best defense is whatever defense she has. Tell her to take the appointment of the public defender, and listen to his advice.
Answered on Sep 05th, 2012 at 12:03 PM
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Talk with the court appt lawyer - this is a pretty good case so long as she did not know there was MJ in the car if she knew it was there, but it was the boyfriends, that is also a defense.
Answered on Sep 05th, 2012 at 12:02 PM
Thomas Edward Gates
She will be required to attend a class addressing drug use, required to perform community service, and pay a fine. She likely will be on probation for one year.
Answered on Sep 05th, 2012 at 11:04 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They can give a notice to appear for an offense like this. She should deal with her public defender or hire a private attorney to represent her.
Answered on Sep 04th, 2012 at 10:11 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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She wasn't taken in because it was not a serious crime and they did not want her taking up jail space. She has been offered a public defender.... take it. That attorney can help her.
Answered on Sep 04th, 2012 at 10:09 PM
The public defender will negotiate a plea bargain with the prosecutor on behalf of the defendant. If she does not feel confident that the public defender will represent her adequately, then she needs to hire an attorney on her own. Most likely, she will be put on probation and be ordered to attend a drug education class, but the sentencing all depends on which court this is in.
Answered on Sep 04th, 2012 at 8:13 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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HIRE A LAWYER! These are very serious charges and she is facing losing her license over it.
Answered on Sep 04th, 2012 at 7:50 PM
Your best defense is to hire an experienced lawyer so a plea bargain can be reached with the Judge whereby you earn a dismissal.
Answered on Sep 04th, 2012 at 2:26 PM
Leonard A. Kaanta
If a person is facing jail time, he/she has to have an attorney, the car is hers.
Answered on Sep 04th, 2012 at 2:14 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Get the court appointed lawyer. If found in car she can argue it was not hers.
Answered on Sep 04th, 2012 at 2:13 PM
Michael J. Breczinski
Minor offense and they had to have the drugs tested to see if they were real. She should fight the matter if she did not know that it was there and it was not hers.
Answered on Sep 04th, 2012 at 2:06 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She needs an attorney to review the police report and determine if there is a possibility of suppressing the evidence.
Answered on Sep 04th, 2012 at 2:06 PM