Need help and legal advice. Heres the whole story...?

Question

In October, I was at a concert. My friend talked me into snorting adderall (her prescription drug), telling me that it would give me a high. Normally, I wouldn't go along with it EVER but seeing that we were all drinking and having a good time, for some stupid reason, I went along with it. I have never done anything illegal in my life and being 27, I thought I would make a better judgement call than this but I didnt. Undercover police officers were watching us and took us to their HQ in the concert parking lot. We were issued city ordinance citations (fine of $426.50) and we were let go, free to go back to the concert grounds. According to them, we got off really easy and I know that we did. What we did was commit a felony. So I am thankful for that. But I obviously regret that night and have definately learned my lesson. My court date is coming up and I need help. I dont want to go in and plead not guilty because I did it, I'm not going to lie about that. More to come...

But, I do NOT have a criminal record whatsoever and I would like to go to school and pursue a career in criminal justice. I feel so horrible about what I did. Please trust me when I say that I am a good person. I am. What should I do to try to get this off my record? Is it necessary to get off my record if I want to pursue a career in criminal justice? Should I get a public defender (cuz i cant afford an attorney) and try to get this dismissed or just face the music and pay the fine and hope my life works out? I dont think one mistake like this should ruin my life. (And it could) I know I am not a criminal and I just made a really bad judgement call one night. I know I will never do it again. What should I do? Please help me and tell me how you know the advise you give. Please dont put me down because I am already down on myself for this as it is.

I am not going to go in and lie about this. That is the stupidest advice I have ever heard. But I want to know what someone in my situation would do and someone in a CJ position thinks.

This will not be charged as either a misdemeanor or a felon. It is only a city ordinance citation and the case is going to traffic court. However, the citation is issued for possession of drug paraphenilia. I dont want that on my record!!

Has anyone hard of Deferred Prosecution Agreement and can I use this to help my case?

I'm not really concerned about the "title" of the citation, being that its only a city ordinance citation. What I am concerned about is the fact that stated on my record (I already looked under public records and its there) it says "possession of drug paraphenilia". I dont want that (those exact words) on my record. I dont want to be connected to any drug anything as long as I plan to pursue an education and employment in law enforcement. I am hoping at the least that I can have it changed (reduced) or dismissed all together considering that I am a first time offender.

I plan on being completely honest about this for the rest of my life. I will not hide it but if want to also be able to defend myself when it comes up. Given polygraphs or what have you, I will not lie. But I want them to know that it was a one time mistake that will never, ever happen again. I am better than that but I believe we are allowed to do at least one stupid thing in life. But only if we are truly sorry, and I am sorry. Thank you to all the great advice, some not so great advice too but you tried. Let me know who you agree with and I appreciate you telling me who you are. It means a lot when it comes from lawyers and police officers, especially.

I justed called that county's public defenders office and they will not handle city ordinance citations. What do I do now? I'v gotten great advice but they all advised me that I should seek legal help. I cannot afford a lawyer and now I cannot get a public defender!

CORRECTION: It is a COUNTY ordinance citation. Does that make any difference in this case? Is that more severe or not?

As far as Federal Financial Aid, there is a question that states if I have ever been convicted of possessing or selling illegal drugs. If I do not get this expunged, is this A) a CONVICTION of possession of drugs? And B) Even if it was classified as drug "PARAPHENILLIA"?

Answer 1

Your state would be helpful to answer your question completely. But I will tell you what it would mean in New York.

If it is not a misdemeanor or a felony it technically is not a crime, but a violation much like a traffic ticket. While it will be on your criminal record it should not prevent you from entering the criminal justice field of employment. My advice is to own up to it, never lie about it and when asked about it be honest and say what it was...a monumental lapse in judgment. There are thousands of police officers, lawyers and judges who have misdemeanor convictions and this is less than that.

What you did was not a felony. It was mere possession. What your friend did was, that was technically a sale (just to let you know.) Before someone jumps on me, you don't need to exchange money for a sale, simply giving drugs to someone is in and of itself a transaction and constitutes a sale under the law, although rarely prosecuted.

Listen to your lawyer, get a lawyer if you don't have one, and they will tell you the ramifications for pleading guilty.

The one thing that might come back to haunt you is that federal student aid can be denied for narcotic convictions regardless of the level. So be aware of that.

Some of the advice on here is really, really bad so always speak with an attorney in your State that will be best to assist you.

Answer 2

You are trying to plead guilty to this without it being on your record. Almost impoossible. However, you can plead guilty to the charge and request probation. That once you have successfully completed probation, then the court will expunge the record. BUT, this must be requested and the State's Attorney must agree. Be sure that this is stated in the record. As a paralegal, the worst advice that law firms, especially criminal defense firms have, are the wrong advice by people in law enforcement. Particularly police officers. Any criminal defense attorney would tell you this. If it involves probation or community service, that is not a conviction for denial of expungment purposes. Check with an attorney about what constitutes a conviction in your State.

Answer 3

Yes, seek the advise of a Public Defender. Most courts are overworked and are willing to plea bargain on first offenses. Ask about a "retirement" or a deferment( have case put off)
also volunteer for probation with drug screens, if courts will set a retirement date. In a nut shell, I arrest you (The Law) you go to court and plea out. You willing accept a probation with drug screen (once a month or more often) if the Courts will allow you to come back in a year( with a clean record, no dirty drug screens and having taken drug rehab) and have your record expunged( or deleted from Court records)
This is very important, if you are seeking a job in the Law Enforcement area. I currently employee and hire Certified/Sworn Deputies...I have my choice of college educated and former Military personnel. So, I have become very picky..I will not hire anyone with a drug charge No Matter How Long Ago it Happened.
I have turned down people for jobs, that had a simple possession charge from 20 years ago.....There are too many people with degrees that I can hire, with clean records
I

Answer 4

You can do one of two things. You can say that your friend was sober and that he/she enticed you into inhaling the drug when you were not in the mental state to make the decision. You crime though was ma lam prohibit um. A lawyer could take your case, but you'd spend more in legal fees. Your best bet is to just plead guilty. 421.50 is worth not being charged with a felony. Remember not to make a seen. Pursuing a career in anything with a misdemeanor is fine. Its the same as a speeding ticket. A fine and being convicted of either a misdemeanor or felony is very different.

Answer 5

Protect your clean record at ALL cost. Are you sure what you did was really illegal? Look very carefully at the law you are charged with breaking. This sounds like a VERY thin charge, and DON'T plead guilty, let a jury decide if it comes to that. This charge is SOOO thin the prosecutor may just decide to drop the charge rather than take such an absurdity in front of a jury. Taking a sniff of your dates prescription inhaler? Uhhmmmm...

Answer 6

okay i am a cj major so i know what you mean by all of this. Yes you should have a lawyer and plead guilty but the thing is this kinda thing can stick to your record . i am not sure what u wanna do with your degree but if it law enforcement its gonna be tuff . best thing is to talk to a lawyer bc they know more of the ends and outs of getting that took off ur record!

Answer 7

I believe you have gotten sound advise from "strangeda..."; request a Public Defender if you do not have the resources to retain a lawyer, and then be guided by his recommendations. He will be familiar with the DA and Judge, not to mention your local protocols. Please stay guarded from bad and/or poorly thought out advise, after all this is you future. With that said, beside poor judgment and timing, the charge is only a violation...relax!

Answer 8

A city ordinance violation will not show up on your criminal record. A city ordinance violation is a civil violation and not a criminal one. You're sweating over nothing at least if you live in Indiana.

Answer 9

To get the expenses decreased you will would desire to communicate to the Prosecuting lawyer. attempt to establish a gathering with him/her, and tell them the entire tale, and which you intend to plead No contest to the expenses. as long as you have been being user-friendly approximately no longer having the rest on your checklist they'll in all probability drop the paraphenellia cost to a minimum of something minor. however the sheriffs workplace won't replace the expenses, it seems greater desirable on them in the event that they arrest somebody for drugs rather of working a stop sign.

Answer 10

you know you did it. you just admitted it. if you just got a citation and it is not going on your record you might as well plead guilty to something you know you did. if you don't it will just be more long drawn out days in court. just plead guilty, pay your ticket, and get on with your life. just take it as a lesson learned.