What plea will the DA try and make?

Question

All charges include:
**Marijuana with intent under 1LB
**pills not in proper container (although I have a prescription for all) It was 2differnet types of lithium in 1 container
**cracked wid shield ( I was a passenger)
**licesnse plate light being out ( again I was a passenger)

I think they will drop everything (as they should anyways) but keep the posession with intent charge....what do you think? Any advice from ANYONE ESPECIALLY Prosecutors will be helpfull!! Would they consider lowering the drug charge too since the others should be dropped especially the vehicle violations!! I have a very pricey atorney but can't afford him anymore if we go to trial, also what if you have a previous felony also drug related about 7 years ago. Should I go to trial since many of these charges should be dropped anyways!!

The arraignment is set for this Tuesday!!

SHould I possible plea no conest as well?

Answer 1

Care-

Your question is very difficult to answer without knowing the state in which you are being prosecuted. The trend for many (if not most) law enforcement agencies right now is to focus on the meth scourge. Some jurisdictions have essentially stopped being concerned about marijuana unless a great case drops in their lap.

In the jurisdiction in which I prosecute, Possesion of MJ w/ Intent carries a guideline stayed sentence. This means that you would not go to prison unless you have a big enough criminal history score to warrant it. In my state, your previous felony could still count toward your score, but it is difficult to determine because I don't know what your conviction was for, nor where you were convicted.

Bottom line is that your likely looking at local jail time with a prison sentence hanging over your head while your on probation. And many states have "drug courts" which you may or may not be eligible for.

Although you left it out, if you were charged with the other offenses such as a cracked windshield and defective license plate light, I can only assume that you were the registered owner of the vehicle.

I hate to give away secrets, but as a prosecutor, we don't care about these.... they're throw-away charges. Going to trial on the petty traffic charges is ridiculous especially if you have a consolidated trial which includes the felony count.

You're major concern is the drug charge. If you live in a state which has sentencing guidelines, you need to determine what the guideline sentence is for your offense. Then you need to contact an attorney. You say that you had a "pricey" attorney before, but you cannot afford that person. Either apply for a public defender, or take out a loan for a private attorney unless you are willing to serve whatever the guideline sentence is in your state. Most likely if it is a stayed sentence, local jail time would be at the discretion of the judge after hearing input from the prosecutor.

If you insist on proceding without the benefit of an attorney, I would suggest contacting the prosecutor directly.

I would not recommend ever trying to defend a case like this without an attorney. In fact, I had a jury trial two days ago in which a guy fired his attorney (stating that his attorney "didn't know what he was doing") and proceeded pro se. The trial was silly; afterwards, the jury deliberated for 20 minutes (which is about as much time as needed to select a foreperson) before they reached their verdict of guilty on all counts.

So do your homework. And unless you are exceptionally gifted, get an attorney.

By the way, the foregoing obviously does not constitute legal advice as you are not my client.

Answer 2

a pound of marijuana is a lot! I would try to get them to drop the "intent" and go for straight possession, though your prior felony will weigh against you in sentencing. You can forget about the windshield and the license plate, and since you have a RX for the pills, they should drop that as well. Either way, expect to do some jail time. Possibly with rehab - though if you go ahead and go to rehab on your own, that might help. Good luck!