QUESTION
What should I expect from my drug charges?
Asked on Jun 03rd, 2011 on Criminal Law - New Jersey
More details to this question:
I was arrested for my first time in a car with a couple known gang members who were also arrested with me for possession of marijuana, and possession of a weapon and attempt to mob. I was charged with possession of cannabis and possession of paraphernalia. What should I expect for my court date? I had a scale covered with marijuana to weigh illegal narcotics and under 2.5grams of cannabis. Any advise? Should I plead guilty?
19 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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When charged with a felony, you potentially face one or more years in prison if convicted.
Answered on Jul 12th, 2013 at 12:57 AM
Your first.court date is.your.arraignment. at that.time.you will be.told what you are charged with. At that.time you should.get an attorney.
Answered on Jun 13th, 2011 at 4:55 PM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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In Ohio possession of small amounts of marijuana is a minor misdemeanor, meaning that there is no possibility of jail time and the maximum fine is $150. There is a driver's license suspension typically for six months. The possession of drug paraphernalia charge is a fourth degree misdemeanor which carries a maximum of 30 days in jail and a $250 fine along with a driver's license suspension. There may be defenses that you have available so you should consult with an attorney before pleading guilty.
Answered on Jun 08th, 2011 at 12:15 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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You should never plead to a crime without first considering consulting with an attorney so that you fully understand the potential consequences. In Louisiana, first offense possession of a controlled substance carries fines of up to $500 and jail time of up to 6 months. Possession of paraphernalia also carries fines of up to $500 and jail time of up to 6 months.
Answered on Jun 08th, 2011 at 8:51 AM
If you plead guilty, you will give up all of your rights and be sentenced on the charges that were brought. If you plead not guilty initially, you may have an opportunity to plea bargain with the prosecutor for a lesser charge. It sounds like the possible charges could be felonies and that could mean possible prison time.
Answered on Jun 07th, 2011 at 12:29 PM
Theodore W. Robinson
You should never plead guilty up front. Always plead not guilty and then the negotiations can begin. There are many ways a case of that nature can be challenged successfully by a competent criminal defense attorney. Consult with one immediately and fight this case. Good luck.
Answered on Jun 07th, 2011 at 11:59 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You should not plead guilty. You should plead not guilty and consult with a lawyer. There are many important issues that may exist in your case that will greatly affect the outcome and sentence in your case.
Answered on Jun 07th, 2011 at 11:08 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Always plead "not guilty" at your first court appearance which is your arraignment. The judge explains the nature of the charges against you and informs you of what rights you have. If you qualify to have a court-appointed lawyer, they will mention that to you as well. There are no state laws covering drug paraphernalia, but most local cities, towns, or townships have ordinances against it. Usually it's a 93-day misdemeanor. Possession of marijuana of any amount is a misdemeanor as well. If it's your first offense, you will probably get probation and may even be eligible for a 7411 status or HYTA, status depending on your age, which could keep the charges off your record. You should retain or at least consult with an experienced criminal attorney for a proper case evaluation.
Answered on Jun 07th, 2011 at 10:58 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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What is clear from your question is that you need to hire an experienced attorney to represent you. There are a great number of cases which have been decided concerning possession of controlled substance in a vehicle. Your case needs to be reviewed to see what defenses are available based on the facts in your case. It is impossible to tell what the expected result will be based on what you provide. Once again, your attorney can review this with you. Any sentence will be based on your prior record, the offense, and will be influenced by the co-defendant's actions. I hope that this was helpful.
Answered on Jun 07th, 2011 at 10:42 AM
Criminal Attorney serving Clinton Township, MI
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Richard M. Halprin
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Is this a first offense? Is this a first drug offense? What city? What county? If you can answer gear questions, I can give you an overview of what to expect.
Answered on Jun 07th, 2011 at 9:59 AM
An experienced lawyer can help you explore other options, such as drug programs, the completion of which could result in a dismissal of the charge(s).
Answered on Jun 07th, 2011 at 9:44 AM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Possession of such a small amount of marijuana, unless it is possessed for the purpose of sale, is normally charged as an infraction (ticket) in CA.
Answered on Jun 07th, 2011 at 9:41 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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If this is your first offense, you should get the marijuana charge reduced to disorderly conduct, or maybe just plead to the paraphernalia. There is a mandatory 24 hours in jail (in WA), but other than that and a fine, you should not expect too much punishment.
Answered on Jun 07th, 2011 at 9:36 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You need a lawyer. Not hiring a lawyer is one of the biggest mistakes by people in your situation. I have specialized in this area of the law for over 30 years in your area and have seen how people regret the fact that they did not hire a successful attorney to help them in their time of need. One who represents themself has a fool for a client. Feel free to call me to answer any additional questions.
Answered on Jun 07th, 2011 at 9:30 AM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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You should never plead guilty without talking to an attorney first. Most of the time at the very least a deal can be reached to save you punishment and points on your record.
Answered on Jun 07th, 2011 at 9:06 AM
Michael J. Breczinski
Do you have any prior convictions for drugs? Are they charging you with just Possession of Marijuana or is the charge possession with intent to deliver? All of these are relevant pieces of information that would be needed to answer the question. You need an attorney.
Answered on Jun 07th, 2011 at 8:48 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Never just plead guilty. You need to immediately contact an experienced criminal defense attorney to help you. It is unclear if you were charged with possession of marijuana for sale which is a straight felony offense. Given you were in possession of a scale I would assume yes. In any case, the only way to truly know what is possible for your case is to seek the representation of an attorney. I hope this answer was helpful. Good luck.
Answered on Jun 06th, 2011 at 3:13 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You should get a criminal defense lawyer.
Answered on Jun 06th, 2011 at 9:53 AM
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Do not plead guilty without speaking to an attorney. If you cannot afford an attorney, get a public defender. You need an attorney!
Answered on Jun 06th, 2011 at 9:48 AM