QUESTION
Will a marijuana misdemeanor stay on my record after I turn 18?
Asked on Oct 14th, 2012 on Criminal Law - Montana
More details to this question:
I am 17 and I turn 18 in less than a week. I want to know if a charge that was given to me while I was 17 will stay on my record after I turn 18. Also, if the charge I was given is a legitimate charge. I was recently given a ticket for possession of marijuana. I was in a college dorm room smoking marijuana with a few other people (I truthfully wrote this in my statement that we were, in fact, smoking the drug). The police showed up because of the smell someone complained about. However, when the police entered the room none of us had physical contact with the drug (which I believe would be "actual possession"). We were smoking out of my friends' bong so, if I understand correctly, this would be actual possession for her, even though the marijuana was not her's, because it was her paraphernalia. Also, the police officer did not actually find physical evidence of marijuana, except for the remains in the bong I suppose. Would this count as constructive possession? I was thinking about fighting it but first I need to know if there is anything that I can do. Thanks.
9 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Did the police have a warrant? There might be a suppression motion here. To answer your question, your juvenile record is sealed to all but law enforcement when you turn 18.
Answered on Oct 17th, 2012 at 12:07 PM
Dennis P. Mikko
At 17, you are considered an adult in the eyes of the criminal law. A misdemeanor will remain on your record unless there is some diversion that prevents there being a final adjudication of guilt. One such option is a plea under Section 7411.
Answered on Oct 16th, 2012 at 8:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney, and please do not admit to having committed a crime on the internet.
Answered on Oct 16th, 2012 at 7:57 PM
Yes, the police can come in to the dorm room if they smell marijuana. When you're 17 in Missouri, you are not a juvenile, so you will be charged as an adult. And yes, according to what you described, the police have every right to charge all of you with possession of drug paraphernalia. You need to hire an attorney to negotiate a plea bargain with the prosecutor to keep this off your permanent criminal record.
Answered on Oct 16th, 2012 at 7:49 PM
Thomas Edward Gates
Yes, it become part of your criminal history.
Answered on Oct 16th, 2012 at 7:47 PM
Michael Paul Vollandt
Juvenile records are sealed so only the DOJ or DA can get to them.
Answered on Oct 16th, 2012 at 7:37 PM
Michael J. Breczinski
In Michigan anything that is committed during your 17th year goes on your adult record. You are treated as an adult for any crime committed after your 17th birthday. I would get a lawyer and fight the matter if I were you. Possession can mean constructive possession. You had control of the substance. It doe not need to be in your possession but even if you had control then you can be guilty. Here you are in college and smoking. Do you not know that a conviction can bar you from government sponsored student loans? Get a lawyer.
Answered on Oct 16th, 2012 at 7:28 PM
Steven D. Dunnings
Yes if charged as an adult.
Answered on Oct 16th, 2012 at 7:27 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Assuming that your previous marijuana conviction was a juvenile conviction; those records are sealed/destroyed after you turn 18. While constructive possession is a complicated legal doctrine, it is safe to say since you told the police you were smoking the marijuana and there was marijuana and paraphernalia present in the room they have more than enough to pin a conviction on you for constructive possession.
Answered on Oct 15th, 2012 at 6:13 PM