Drug Crimes Legal Questions

You should have received what is called a Desk Appearance ticket, which would provide you with certain details, including the date you need to appear in court and the place and time you need to appear in court.  You can call the clerk's office to see if they can assist you in figuring out the date you need to appear in court.  If you cannot afford an attorney, one will be supplied to you free of cost.  However, if you still want to retain an attorney, then you can consult with an attorney who could provide a payment plan.... Read More

It probably will show up on a record check unless you have an attorney in your area take a look at the charges.  You mention a $275, which suggests to me that this is a Summary Offense which does not carry jail time.  Nonetheless, guilty pleas to summary offenses almost always show up on a record.   I would call an attorney in your county.  ... Read More

We work closely with job applicants to control the narrative regarding  we work closely with job applicants to control the narrative regarding an arrest of conditional discharge. We are of the opinion that one must answer truthfull. However, one can explain what happened so that one is not disqualified. Please call to discuss. Ed Dimon... Read More

Hopefully, I can clear this up for you. Under the Juvenile Act, the first step is an "Intake Conference" with a probation officer.  There are two options: informal adjustment or filing a petition, which will lead to adjudication and disposition of the charges (a hearing on the merits and/or sentencing).  At this conference, the officer can decide if you should be granted an "informal adjustment."  An informal adjustment means that the charges will not be continued against you, but that you may have to participate in counseling and/or social services programs.  If there is an informal adjustment, you will not be adjudicated delinquent.  I wish you the best of luck. Also, I'd like to add--consult with an attorney in your jurisdiction.  You will be assigned a public defender as a juvenile.  You can also hire a private criminal defense/juvenile defense attorney if you'd like.... Read More

i would work with the school and medical professionsals to determine their cause for concern. i am confident that the drawing of the pot leaf was not their only reason for concern. i would also have your son drug tested by your son's doctor to determine any use of drugs. Please call if you need our help after you speak with the school and obtain the results from the doctor. ed dimon... Read More

You raise two issues. The Prosecutot can charge you with the distribution after four years. However, from a practical viewpoint, this will not occur unless there are special circumstances. The bigger issue is the impact upon your police application. We have advised candidates to be candid. However, your situation may be disqualifying. Please call to discuss. Ed Dimon... Read More

Transferring probation from one state to another requires the cooperation of two probation offices, the one you are in, NY, and the one you want to transfer to, FL.  It already appears the NY probation does not want to cooperate and your lawyer would also need to contact FL probation.  Have another talk with your probation officer, they might prefer that you go to an inpatient facility in NY.... Read More

your realistic options are to have the arrest expunged. we can first check to see if you have an arrest record. we can then expunge the record. you can then answer legally that you have never been arrested. you will not be succcessful suing the police for multiple reasons including immunity, probable cause, failure to give 90 day notice to sue, etc. we are here to help. please call. ed dimon... Read More

You raise a rather intersting question concerning the statute of limitations.  However, it depends on eaxctly how you were charged.  In order to better answer your question, I would need to know the exact qunatity that the summons-complaint states you were in possession of and the statute in which you were charged under.  If you can provide that information, I can better answer your question.... Read More

Hi There,   In Virginia, an expungement can only be obtained if: you are found not guilty by the court (acquittal or dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; where an individual’s name is used in error; or the individual obtained an absolute pardon from a Virginia Governor. To find out more, you can visit the guide I just recently published on what you need to know about criminal record expungements, pardons and restoration of rights in Virginia  http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia?published=true.   Cheers ... Read More

The maximum penalty for a misdemeanor is $1000/ 30 days incarceration. There are many procedural ways to defend a simple possession charge starting with how was the offending substance found in the first place? Was there reasonable suspicion? Lawful search and seizure? Etc. There are also alternatives to pleading guilty. This is not something you want on your record. It could follow you if you apply to the military, jobs, etc. Retain an attorney. A misdemeanor defense shouldn't be too expensive and it will be worth it down the road.... Read More