QUESTION
What will happen at the federal District Court regarding my possession of marijuana on federal property?
Asked on Jan 19th, 2011 on Criminal Law - Hawaii
More details to this question:
When working on a marine base as a civilian, I was pulled over for speeding after work. I was asked to step out of the car. I told them I do not consent to searches but they said they would tow my car and search it anyway. I agreed to the search, without thinking. They searched my car and found under a gram of marijuana. I was arrested, taken to their office and received a ticket for speeding and Marijuana Possession. Afterward they let me go and I drove my car home. My court date at the local District Court is on February 4th 2011. What are my options? Plead not guilty and request trial by jury?
12 ANSWERS
You can plead not guilty and be tried by a jury or you can try to work out a plea. If you have a good record, you may only have to pay a fine and court costs. An attorney who practices in federal court can explain all of your options.
Answered on Jan 22nd, 2011 at 7:43 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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You do have the option of entering a plea and requesting a trial. It would, however, be most advisable to hire an attorney in a matter this serious. It may be possible for the attorney to negotiate reduced charges and/or a reduced sentence for you.
We invite you to contact our firm at the information provided on this page if you are seeking an attorney to represent you in this matter in the state of Louisiana.
Answered on Jan 21st, 2011 at 8:28 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You may have a basis to challenge the search of your car. It is unlikely they would have arrested you and towed your car which would have given them the right to do an inventory search. Possession of marijuana is a misdemeanor. My experience is, depending on your criminal history, you will receive a fine for the marijuana possession. Also, under the federal law you can expunge drug convictions after the requisite amount of time.
Answered on Jan 21st, 2011 at 2:58 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What will happen? You are charged with a federal crime, and you will either plead guilty and go to federal prison at the judges discretion, or you will defend and fight the charges. Then, either you will negotiate a plea bargain at one of the hearings you face, or you'll go to trial. You're definitely going to need legal help defending against the charges. You're going up against an experienced and professional prosecutor whose job is to put you in prison. If you're serious about getting legal help, feel free to contact me.
Answered on Jan 20th, 2011 at 10:43 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can certainly have a trial is you wish, but that is only advisable if the evidence against you is weak or if the deal they offer is not an acceptable one. You should retain a lawyer as soon as possible, one that is experienced in criminal defense and specifically drug charges. They will probably offer you a chance to plead to a lesser charge or else you would have to take the case to trial unless motions can be made that would suppress the evidence or otherwise contest its admissibility.
Feel free to give us a call for a free, no obligation consultation.
Answered on Jan 20th, 2011 at 9:13 AM
Roianne Houlton Conner
Have you requested an attorney or retained an attorney? If you have no prior criminal record you may want to explore a diversion program in which you enter a plea of guilty and receiving counseling and community service. At the end of the program, the charge is dismissed. However, if this is NOT an option, I would recommend that you file a Motion to Suppress the search, since from your facts it does not appear that you voluntarily gave your permission to search the car. If you prevail on the Motion to Suppress, then the prosecutor would have to dismiss the charge, if you did not prevail you could then plead guilty and reserve the suppression issue for appeal.
Answered on Jan 20th, 2011 at 5:58 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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What a joke. under a gram? I would ask the federal defender who is in court or even the assistant US attorney. My guess is they would give you a nominal fine - no probation or anything else. good luck.
Answered on Jan 19th, 2011 at 10:43 PM
Divorce Attorney serving St. Louis, MO
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Avioli Law, P.C.
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You are a defendant. All statements you make -even on the web- are possibly admissible at trial. Consult with me further.
Answered on Jan 19th, 2011 at 6:28 PM
For such a small amount of MJ a good defense attorney can probably work out a favorable resolution for you without trial. Make sure the attorney you hire is licensed in the Federal District Court that is hearing your case.
Answered on Jan 19th, 2011 at 5:43 PM
William C. Gosnell
Hire a lawyer. Get good legal advise. The Feds don't believe in Probation.
Answered on Jan 19th, 2011 at 5:13 PM
Simon Brian Purnell
Less than one gram of marijuana starts you out as a "level 6" offender on the sentencing table. It is a crime to possess a controlled substance (i.e. marijuana) under Title 21 of the United States Code. The federal court will allow you the opportunity to hire an attorney or will appoint you one if you cannot afford to hire one. In the federal system, the court will not let you simply plead guilty. After the initial appearance, you will have your arraignment where your trial date will be set. It is at that point that you may plead. Even then, you still have to wait for the sentencing (where most of the litigating occurs in these cases). Ideally, you need to get a lawyer hired now.
Answered on Jan 19th, 2011 at 4:43 PM
You potentially have two charges, speeding and possession of marijuana, if the government chooses to proceed with both. Hiring an experienced attorney, especially one who is familiar with military bases, and criminal defense, is your best option. Your attorney will be able to determine if defenses are possible based on the traffic stop, the consent to search, the resultant analysis, if any, of the suspected contraband, as well as defenses against the speeding ticket. All of these must be examined. If you were working on a military base your contract with the military, if any, your clearance, if any, and your ability to drive again on the base, in addition to the criminal and civil offenses, are all at issue. There could be additional proceedings going on beyond the U.S. District court proceeding. An experienced attorney can defend you best and you should seriously consider hiring an attorney before your court date since you have, apparently, at least one federal criminal charge pending.
Answered on Jan 19th, 2011 at 3:58 PM