I got arrested for possesion of a very small amount of marijuana , and have to go to court in a few days. Do I have to have a lawyer, or can I argue myself? What can I get for it, if it was my first time?
Thanks!!
2006-06-13 07:37:53 · 14 answers · asked by Concerned 2 in Politics & Government ➔ Law & Ethics
If you had in your possession less than an ounce of marijuana--you will probably have to pay a small fine or do some community service work!
Being it your first time and it was only a small amount...you will probably get off pretty easy...it should be only a misdemeanor case...you should not need a lawyer for this...
2006-06-13 07:43:22 · answer #1 · answered by destine4_69 4 · 1⤊ 0⤋
In most States, possession of a small amount of marijuana is a misdemeanor offense (misdeameanors are usually defined as crimes punishable by less than one year in jail). You have the right to the counsel of your choice, or you can usually represent yourself. This is called "pro se." If you have a defense, i.e. it didn't happen, or it wasn't marijuana, or you did not knowingly possess it (someone planted it on you without your knowledge) you can plead "not guilty" and put on evidence to support your case. If you are guilty of the offense you can plead guilty and put on evidence that will mitigate the offense (show that it wasn't that bad--small amount--first offense, etc.) and argue to the judge that you should not be punished severely. Often in these cases, you can get a fine, or probation, or community service. However, you should look up the maximum punishment in you State's criminal code (i.e. yahoo database or google) so you know what you are facing. You could get jail time, but that would be unusual. Good luck.
2006-06-13 14:51:48 · answer #2 · answered by Jeffery L 1 · 0⤊ 0⤋
Don't argue yourself. If you are guilty you look stupid and if you are innocent you'll need a lawyer to prove it. I would just plead guilty and pay the $100 fine. If you are concerned about having this on your record, then I would hire a lawyer and ask about getting a deferred judgement. If this is your first offense, depending on your state, you should be able to ask for a deferred judgement,. That would involve staying out of trouble for a certain period of time (maybe a year) and then your case could be thrown out. If you are a frequent pot smoker this would be a bad idea because you will probably be subject to frequent drug tests.
2006-06-13 14:46:20 · answer #3 · answered by stephenjmcgregor 2 · 0⤊ 0⤋
you don't have to have a lawyer, however, a lawyer can always present a stronger case for your defense. If your plea is a guilty one, then there may not be much of a need, except to maybe have a recommendation for a shorter sentence.
depending on the state laws & nature or events surrounding your arrest, you could get as little as a fine & probation, or if you have a prior record or extenuating circumstances, the sentence could be heavier.
This is just my opinion & some stems from experiences
2006-06-13 14:45:54 · answer #4 · answered by Rob & Rach 4 · 0⤊ 0⤋
Try to get a lawyer,because he or she will be able to argue a liter sentence for you. You need to realize the court system is all about the mighty dollar. The lawyer will help so the fine will be much less than defending yourself.
2006-06-13 14:45:17 · answer #5 · answered by mgplacetobe 1 · 0⤊ 0⤋
my boyfriend went through the same not too long ago. First time he was charged with simple possession...got a lawyer...it got dropped, never went on his record. Second time he got charged with possession and paraphenellia or however you spell it. He got a lawyer again and it got dropped again. If you go in without a lawyer, chances are you'll get probation and that should be it. If you go in with a lawyer (my boyfriend paid him about $800...he could get it dropped and it won't go on your record. Good luck.
2006-06-13 14:43:49 · answer #6 · answered by Jenn 6 · 0⤊ 0⤋
you do not need a lawyer. if it is your first time like you say not a lot will come of it. if you plead guilty than expect a fine, community service, and maybe some treatment program of some sort. if pleading inocent bring money for bail. they might put you back in jail until your next court date unless bail is made.
2006-06-13 14:42:54 · answer #7 · answered by fubar2us 2 · 0⤊ 0⤋
It gonna be like a class C , I would get a lawyer to try to get the charges Dropped!
2006-06-13 14:45:26 · answer #8 · answered by Fat Bastardo 2 · 0⤊ 0⤋
if you couldn't argue it away with the police your not going to argue it away yourself in court get a lawyer
2006-06-13 14:47:50 · answer #9 · answered by harp 1 · 0⤊ 0⤋
Get a lawyer.
You could go to jail if the judge is in the wrong mood.
2006-06-13 14:42:26 · answer #10 · answered by mykidsRmylife 4 · 0⤊ 0⤋