Drug Crimes Legal Questions

Deric, Whether or not the charge shows on your criminal record depends on how it was drafted and charged.  Local ordinance charges do not generally appear.  Misdemeanor and felony charged do appear on your Georgia record.  Not to mention, most drug crimes are "must appear" offenses that require actually going to court.   If you would like to provide me with more information like the county or city where this happened and the specific charge, I could help you further.... Read More

i would call the court to determine if you failed the drug test. if you failed the test and your 'conditional discharge' is in jeopardy, you should hire an attorney to 'save' the 'conditional discharge' which is most valuable. you do not need a 'criminal record'. this will damage your employment possibilities. please call if your 'conditional discharge' is in jeopardy. ed dimon, esq. 732-797-1600... Read More

The generl rule is that prosecution for a felony must be commenced  within 5 years of the commission of the crime or within 6 months of the commencement of the case, the prosecutor must be ready for trial. There are many exclusions of time for example if the defendant makes a motion, that time is not held against the prosecution.  ... Read More

Any time that he spent in jail relating to the particular docket number should be counted towards his total if he is later sentenced. The difficulty is that if there are multiple dockets and he is sentenced on a docket that he did not spend time in jail on, then the time in jail might not count.  ... Read More

If bail was already set and you show up to court, it is unlikely the court will make the bail higher. It is not clear if you received a conditional discharge or an adjournment in contemplation of dismissal. If it was a conditional discharge, the court could re-sentence you to up to 15 days in jail based on a plea to Discon. If it was an adjournment in contemplation of dismissal, and if the time expired,nothing will happen to you. Although ACD's are not usually given on Discon's. If the time did not expire, then you are facing the original charge, unless you pled guilty in order to get the ACD.  ... Read More

    Without knowing the facts and circumstances, it is difficult to answer the question. It is possible that if you are the legal resident of a home or apartment and the police recover contraband that you may be subject to prosecution. It is best to contact experienced defense counsel to best advise you. If you are arrested or receive a letter that you have been indicted, contact a lawyer immediately.      This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

Are you asking if they will give her credit for time served?  If so, the answer is yes, as long as she hasn't bonded out on any of the 6 felonies.  If she has bonded on any of the charges, her attorney needs to revoke her bond so that she gets credit for the time she is serving.   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More

In general they would arrest you because the place (i.e., the car) was where the drugs were found. Like being in a room filled with drugs. The problem the cops have is knowledge. Here you have none. The case should be dismissed. The caveat is that - let's say - the entire back seat was filled with bags of weed 0 knowledge could be implied - can's stick your head in the sand. But that being said, you have a good chance but you certainly require the services of a lawyer.  ... Read More

You or your family would have to contact the attorney and make an agreement. You must realize that the private attorney has to be paid by you or your family. Even if your family retains a private attorney it may still be possible for your attorney to receive a free transcript of the proceedings. I have been successful in making such a motion even when I was retained by the defendant's family for the appeal. As long as the defendant is indigent the court would likely provide a free transcript.   ... Read More

   Please contact an experienced criminal defense attorney as soon as possible. You need informed legal advice to determine the appropriate legal strategies to endeavor to help you. Criminal matters are serious and the ramifications of a conviction or convictions are also serious. Please contact a knowledgable lawyer as soon as possible. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

NC law allows for nonviolent felonies to be expunged from your record after a period of 15 years has passed from the date of conviction.  In order to have your record expunged, you cannot have any other felony or misdemeanor convictions other than a traffic violation.  Because you were convicted in 2009 you are not eligible for an expungement at this time but will be eligible in 2024. ... Read More

Possession of less than 25 grams of Cocaine carries a maximum penalty of 4 years in prison. Thus the range of possible sentences are probation to 4 years in prison. But without knowing the Defendant's prior criminal history and other specifics, the Michigan Sentencing Guidelines take into account, it is impossible to speculate what the probable sentence will be. ... Read More

If you have not spoken to an experienced criminal defense attorney yet, you should do so immediately.  The amount of time that you might get varies widely depending on what county the offense took place in.  You also have an issue with the possibility of an illegal search.  Only an experienced attorney can properly advise you on an issue as serious as this.  If this took place in Charlotte, Lee, Desoto, Hendry, Sarasota, Manatee, Pinellas or Hillsborough county, feel free to contact my office to discuss it further.... Read More

If you hire an attorney who can be present on the date and time for which your case is currently set for trial, you will be allowed counsel. If you or your lawyer is requesting a continuance, the Court CAN deny your request since you have already signed a rights waiver.  The Court will consider whether the case has been continued before, how long you waited to change your mind, and other factors such as witness availability/inconvenience, etc., in making a decision. A good attorney in your area can help.  You should speak to several and hire the best one you can afford.... Read More

This is a difficult subject. but the prior convictions are the probable cause to increase his bond. The two primary purposes the judge is to consider when setting bond is the Protection of Society and the likelihood the Defendant will appear for his court dates. First, it is important to realize the judge is not using the prior record to determine guilt or innocence, but merely to determine the appropriate bond. A prior record may be indicative of both. If the Defendant has a lengthy prior record and if the last conviction is relatively close in time to the current offense, the judge may presume the Defendant is a danger to society because he has demonstrated an inability to conform to the law, and thus is likely to commit another crime if released on bond. In addition, if the Defendant failed to appear at any of his scheduled court dates in his prior cases or failed to report to his parole/probation officer, the judge may conclude it is likely that he will not keep his court dates in this matter or report to probation as ordered as a term of bond. If the Defendant is charged as a Habitual Criminal, or because of his prior record it is fairly certain the sentencing guidelines place him in a  prison cell, the judge may conclude that it is more likely the defendant will flee rather than face prison.   Just because a person has a prior record, it does not mean he he is guilty, will committ another crime on bond or will flee. But they are possibilities a judge must consider when setting bond. ... Read More

Not likely under the scenario you pose. However, there is a post judgment motion available if fraud or duress was used, see Criminal Procedure Law Section 440. You are already under oath swearing that it was you who did the crime, and now you want to say someone else did it? Would any judge believe you?... Read More

Probably it can not be sealed if the conviction was for a felony. However, if you were under age 20 at the time of the offense, you might have the conviction turned into a "youthful offender adjudication". There are sealing statutes if the case was dismissed or reduced to a violation (and not a crime). ... Read More

It sounds like the 3 violations you mentioned are not crimes. Possession of alcohol under 21 is usually a city code violation and not a crime. Unlawful Possession of marijuana is a violation and not a crime, and Unlawful Trespass is also a violation and not a crime. You could ask for a public defender but because they are not crimes, the judge might not assign one. The record should be sealed in 3 years or less but if you apply for a gun permit or to be a police officer, you will have to say that you were arrested for these things and you can explain them.  ... Read More