Charged with possession, what do i do?

Discussion in 'Busted!' started by freediver, Aug 2, 2008.

  1. freediver

    freediver Member

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    Hey I was caught with 2 grams and got a written arrest and a 1st degree misdamenor. My lawyer is trying to get the charges dropped and eventually expunged. The angle that he is taking is that I am an over-achieving individual that has a lot to lose if the court lets this affect my life. I have two BS's degrees in science 3.9 GPA. Winner of multiple Scholarships, And am part of a top 5 PhD program in molecular biology and disease research. First offense ever, for anything. I'm now 24 years old.

    What are my chances of the getting the charges dropped, not going to jail, etc. I mean i've heard of mothers with children getting jail time for misdamenor weed so i'm worried. what actions should i take to make sure this doesn't go any further legally.
     
  2. newradicalface

    newradicalface Banned

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    Not knowing where you are from, but since this is your first offense with less than an 8th of bud and a promising future, I am guessing you will end up on probation.
     
  3. SashaK

    SashaK Tangerine Skies

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    YOulll most likely get probation
    Stay clean N dont do any else stuff
     
  4. Socratez

    Socratez Hip Forums Supporter HipForums Supporter

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    You know,

    I've always wondered what I would do if I was charged (been caught by the police a few times... they didn't seem to care)... but if they did ever try to charge me.... (similarly to your situation), I would immediately go to my doctor... he knows what type of stress I'm under due to work (and I'm assuming your PhD)... I believe extreme stress (and all the fun shit that comes with it.... migraines, etc) - are something that people get notes for...

    I would have told the cops... Yes, its my bud... I keep it low from people, (as long as you didn't blow it in his face, and were respectful), and I need it for medial/psychological reasons...

    If you can get a doctors note for compassionate grounds, I don't see any competent judge holding this against you.

    Good luck man
    Soc
     
  5. MarcoWasRight

    MarcoWasRight Member

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    The fact that he got a written arrest and 1st degree misdemeanor would lead me to believe he is in the US. Only several states in the US have legalized MMJ AT THE STATE LEVEL.

    You already got a lawyer which proves you're smarter than 99% of the 15 year olds that come on here asking for help. If you got a good lawyer you can probably get away with no penalties at all. Most states give out 6 months probation to first offenses at the most.
     
  6. swazo

    swazo i am amazing.

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    tell them it was apart of your thesis on the study of thc from a molecular-bio perspective.
     
  7. -beatnick

    -beatnick Senior Member

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    if you have a lawyer all you'll probably get is an acd and some community service. i don't know about probation, unless you live in alabama or some facist state.
     
  8. freediver

    freediver Member

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    not cali or anything, but the city thats doing my case is considered quite "liberal". Can i get in legal trouble asking a doctor to right me a prescription?

    I need to get this totally dismissed not probation or anything thats gonna stay on my record.
    I f
    i really can't tell how good my lawyer is but he has 8 years of experience with criminal defense and seemed like a younger/middle-aged sharp guy who is going confident that he can get this dismissed so i went with my gut and hired him.
     
  9. tothedome1

    tothedome1 Member

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    no you cant get it prescribed in any way. in states where medical is legal they can only recommend it to you. it is illegal to prescribe no matter what.
     
  10. Socratez

    Socratez Hip Forums Supporter HipForums Supporter

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    Any good lier, I mean Lawawyer will tell you that nothing (no judgment) in court will ever supprise them... (i.e. OJ simpson)...

    I'm not sure what legal issues you would get asking for a doctors note.... but if it was me... Not only would I ask my doctor at that time.... but I would be very admiate about why I need to smoke.

    I'm not sure what its like on your end, but, I know in terms of me.... The stress I get from my work and everything that comes with it (I would basically end up in a psych ward if I had no herb)... It is the only thing that cures my headachs... It releaves my stress (which has given me heart palpetations, etc)... dude, your doing a phd... thats not an easy task... Perhaps the cop who busted you doesn't understand... but your doctor should... And courts do not like going against doctors.... Its just bad.

    Checkout your local "compansion clubs"... at least thats what we call them here... they may be able to give you advice....

    You want to be able to make this compleatly go away... Check with your Lawyer if this would work for you.

    Good luck man
    Soc

     
  11. freediver

    freediver Member

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    what is a "compassion club". ya the cop was a fucking dick i told him everything about how he'd be fucking up my career and school but him and his C getting, barley highschool graduating, loser mind couldn't comprehend that. I told him that i had no prior offenses too but the fucking kid was younger than me and probably is trying to prove something to the other officers.
     
  12. freediver

    freediver Member

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    ....god i wanted to stick him in the mouth so bad
     
  13. MarcoWasRight

    MarcoWasRight Member

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    Medical excuses aren't going to fly in a courtroom, especially in state that has not legalized MMJ. You'll look like an addict that needs something to cope with life.

    Talk to your lawyer about entering an outpatient rehab program. Sometimes they can be a lot of fun because the people you meet there are strange. You want the judge to think you've seen the errors of your ways and you have to get your life back on track. Have you smoked recently? You could offer to give a piss test to the court to show that your clean. Has your lawyer handled criminal drug cases? I know you can't ask him specifics about cases but you may be able to ask him about the number of clients that have walked away because all the charges were dropped. Most importantly on the day of your court appearance, dress nice. There's no such thing as overdressing when it comes to legal matters.

    Almost forgot to mention, does your lawyer know the prosecutor/DA personally? I have a friend who has had two drinking tickets wiped off her record because her mom is an attorney and has a pretty good relationship with the DA.

    If you really feel this could RUIN your career then don't be afraid to question your lawyers competency. If you think he is not going to do much for you then you may want to look for an experienced lawyer that specializes in drug charges.

    Personally, I would not worry too much. Check NORML.org to look at your state's laws but most first offenses result in a fine.
     
  14. magical mystery tour

    magical mystery tour Member

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    If your lawyers good then he'll get you a deferred adjudication. My cousins lawyer went this route. It essentially means the judge wont give the case decision and you will have to do probation, rehab and what not. If you successfully complete this then the charges are dropped if you don't then you'll get a misdemeanor. Avoiding a misdemeanor may let you get a better private sector job but this event will be a pain in the ass if you want to do any thing military research wise.
     
  15. Socratez

    Socratez Hip Forums Supporter HipForums Supporter

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    Hey Freediver,

    Compassion clubs are clubs all over Canada that sell MMJ... All you need up here is a Doctors note... (other health practitioners can also provide you with a note)... However... Please bear in mind that you are in the States... and things (according to other folks on the site) may be different for you guys then for us.... (our pot laws are sorta void out here... its illegal, but if you basically get a note from a a doctor, or even some altherantive helth profs can sign it)... I've heard thats all people need to smoke legally... or even to grow (but these are stories on the internet)...

    I would (as the guys on here said), talk to a few lawers... I'm sure your not the first to be busted out there - they will know best what you should do, and what your outcome may be.

    PS: Yea, it sounds like you may have pissed off the cops who busted you... Lots of them need about grade 12 to get onto the force... so you can appriciate some may not have a positive view on higher education... - Did you ask them to call you - Dr. Freediver :D

     
  16. High_Times_w_Kumar

    High_Times_w_Kumar Member

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    going to jail HIGLY unlikely unless you are an asshole in court, just be respectful and if you get a cool judge he will probally drop it, giving your stellar life so far
     
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