QUESTION
Would I be placed under probation for a possession of a controlled substance in a motor vehicle?
Asked on Sep 05th, 2012 on Criminal Law - Florida
More details to this question:
I was pulled over last night. They found approximately 2.5grams of marijuana. I was the one driving and the marijuana was in my friend’s possession. I took the fall and cooperated with the police officers. What should I be looking at for a fine? I have one past charge of resisting arrest when I was 17, now I am 18.
20 ANSWERS
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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A good atty. should be able to get you probation at worst, probably ARD, and possibly a plea to a summary at the Prelim.
Answered on Sep 13th, 2012 at 2:44 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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In Mass anything under 1 ounce is considered a civil violation and not a criminal charge. You should have to pay a fine. However, if it wasn't yours, you shouldn't admit to anything.
Answered on Sep 13th, 2012 at 2:42 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 13th, 2012 at 2:40 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You may be able to get drug treatment under prop 36 and get the charge dismissed.
Answered on Sep 10th, 2012 at 5:30 PM
Possession of less than an ounce of marijuana in California is an infraction with a fine of $100.00. Processing cost that will be around $300.00.
Answered on Sep 10th, 2012 at 5:29 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Would I be placed under probation? If that is part of your sentencing upon conviction or plea bargain. What should I be looking at for a fine? You should be worried about jail time. Every crime carries potential jail or prison upon conviction. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time and other penalties could potentially be imposed. In California, if convicted of any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors will add ?penalty ?enhancement?. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 10th, 2012 at 5:28 PM
Why take the fall? You're asking for jail time.
Answered on Sep 10th, 2012 at 5:27 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Probation or jail or a fine or dismissal it all depends.
Answered on Sep 10th, 2012 at 5:27 PM
You need to consult legal counsel immediately. Do not give anyone any information or statements regarding this event. You should qualify for youthful offender status which would seal your record and allow you to be placed on probation.
Answered on Sep 10th, 2012 at 5:26 PM
Leonard A. Kaanta
You need a lawyer, as it is your second offense.
Answered on Sep 10th, 2012 at 5:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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This is a jailable offense. I would suggest that you get an attorney.
Answered on Sep 10th, 2012 at 5:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, you do not want to "take the fall" for another on a drug charge, it will follow you for the rest of your life.
Answered on Sep 10th, 2012 at 5:23 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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It just depends on how they charge the case. 2.5 grams is way less than an ounce, so if they charge it as simple possession, then you're just looking at an infraction. An infraction is not a jailable offense and cannot carry probation it's just a fine like a speeding ticket. ON THE OTHER HAND, the DA could possibly charge you with transportation of marijuana (since this was in a moving car). That is a felony and can potentially lead to prison time. You should consult with a local criminal defense lawyer. If you can't afford to hire one, go to your court date and ask for the public defender to be appointed.
Answered on Sep 10th, 2012 at 5:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It all depends on your record, the prosecutor and the judge.
Answered on Sep 10th, 2012 at 5:20 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you don't have a drug conviction, you can avoid a conviction with the right maneuvers. Hire a good local lawyer and get to work.
Answered on Sep 10th, 2012 at 5:19 PM
Gary Moore
You face losing your driver's license for two years. You need an attorney. Call me, if you like. Jail is not usually ordered in cases of a small amount of marijuana. If you are a first offender, a conviction can be avoided on the criminal charge.
Answered on Sep 10th, 2012 at 5:19 PM
You need to hire an attorney to represent you. Depending on which court this is in, your attorney can very likely get a misdemeanor possession charge reduced to "Littering" and you will have to pay a fine, court costs, and you may have to attend a court-sponsored drug education class. If you plead guilty and pay the fine, you will have a drug possession conviction on your permanent record and you can never get it removed. This conviction may prevent you from getting a job, obtaining a loan, or being accepted into college.
Answered on Sep 10th, 2012 at 5:17 PM
Maybe, but maybe not. I'd say probation is more likely than not, depending on the surrounding circumstances and how things are presented at sentencing.
Answered on Sep 10th, 2012 at 5:17 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You should consult with and retain an attorney. You should also stop posting statements on the internet that could be considered admissions.
Answered on Sep 10th, 2012 at 5:16 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, perhaps. It depends. Plead not guilty at this stage and get the paid appointed to represent you if you cannot get your own attorney.
Answered on Sep 10th, 2012 at 5:14 PM