QUESTION
Can a judge drop a simple marijuana possession charge?
Asked on Sep 15th, 2013 on Criminal Law - Oklahoma
More details to this question:
We got caught at a park, in our car and apparently the park had closed a half an hour before. So the park closed at 10 pm and it was 10:30. We got approached by a cop car and the cop came to the window of the car and right away asked us for ID's after a while he asked if we had anything we shouldn't have on us etc. We first denied it until he claimed to smell marijuana. We decided to hand it over. We each got $1,000 violation fines reducible to $500 if we appear at the court. We hadn't smoked at the park, and there was another car at the park that got off scott free. All in all 3 cop cars came for this, and we over heard them say they were told 2 felons were at the park. We are not felons and they came on false pretenses. Is there anything to possibly get the charges dismissed? Is it worth talking to a judge? We can't afford these dumb fines.
6 ANSWERS
These are not "false pretenses." The police had reasonable suspicion to approach your car because you were in the park after hours. You need to hire a criminal defense attorney if you want to get the drug charges reduced to a lesser offense and keep this off your permanent criminal record. In Missouri, a misdemeanor drug possession charge is punishable by 1 year in jail and a fine of $1,000.
Answered on Sep 20th, 2013 at 11:45 AM
Michael J. Breczinski
Well then you can't afford to smoke something illegal and break the law. Get a lawyer and see if something can be done so you end up with no drug conviction on your record. A drug conviction will prohibit you from doing many things.
Answered on Sep 20th, 2013 at 9:57 AM
James Edward Smith
Ask the Judge for the diversion program so you can get a dismissal.
Answered on Sep 18th, 2013 at 4:58 PM
By yourself? Not likely. With a good lawyer talking to the Judge?
Answered on Sep 18th, 2013 at 3:53 PM
Thomas Edward Gates
You have been busted and your only hope is that there be a diversion program for you to take.
Answered on Sep 18th, 2013 at 3:09 PM
Jason David Smith
No. He can dismiss for a legal reason but has no authority to just drop it.
Answered on Sep 18th, 2013 at 3:04 PM