i got a misdemeanor for possession of under an ounce of marijuana, if i plead guilty will i be put on trial or will i just pay the fine after i plead guilty?
it was my first offense
2007-07-05 15:54:34 · 8 answers · asked by doug s 1 in Politics & Government ➔ Law & Ethics
If you plead guilty there will be no trial. You will pay the fine and/or serve jail time and be done with it. It will be on your criminal record.
2007-07-05 16:01:05 · answer #1 · answered by Gypsy Girl 7 · 1⤊ 0⤋
When you plead Guilty to anything, Felony or Misdemeanor, there is no "trial" per se. Usually the Judge will insist that you "alocute", which means you have to go to court and tell the Judge what happened.
This is to make sure that you aren't pleading Guilty to something other than what you're charged with, and that you understand what the plea means, and that you didn't sign a Guilty plea form because someone threatened you in some way.
There will be no witnesses, and other than the Judge, usually no one asks you anything.
Be aware that while Judges USUALLY go with the Prosecutor's recommendation (especially on misdemeanors which aren't worth a lot of effort), they can go by what the statute allows and ignore the Prosecutor. Know what that might be.
2007-07-05 23:08:04 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
If you plead guilty you will most likely avoid a trial- because none will be necessary. And as you were charged with a misdemeanor you will probably not get the maximum sentence, especially as it is your first offense. Be sure that you have a lawyer to represent your case.
2007-07-05 23:09:37 · answer #3 · answered by emmhogan 2 · 0⤊ 0⤋
If you plead guilty you are admitting to the charges and therefore will be no trial. You then will pay what ever penalty the judge passes down by law. Could be a fine, Probation, Community service or jail time. Hopefully you'll get off light being it your first offense.
2007-07-05 23:02:47 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The answer is that it depends on what state you are in.
Using Pennsylvania as an example the sentencing for misdemeanor intentionally or knowingly possessing a controlled substance is
"be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding five thousand dollars ($5,000)"
The reason that the language says "not exceeding" is so basically the judge can use his discretion based on how bad the crime was, previous record, etc.
Wear nice clothes and be respectful and you will probably just get probation and a fine.
2007-07-05 23:12:26 · answer #5 · answered by CM 2 · 0⤊ 0⤋
Assuming your record is otherwise clear, a fine is most likely.
2007-07-05 23:00:58 · answer #6 · answered by Atavacron 5 · 0⤊ 0⤋
Fine by you seeing your forthrightness.
2007-07-06 00:23:23 · answer #7 · answered by seshu 4 · 0⤊ 0⤋
OH MAN... I KNOW THIS ISNT AN ANSWER... BUT THAT HAPPENED TO MY CLOSE FRIEND TOO... IF YOU KNOW WHAT DOES HAPPEN BY PLEADING GUILTY, PLEASE LET ME KNOW ASAP CUS MY FRIEND GOES 2 COURT TOMORROW... THANKS!!! :) for.stuff@yahoo.com
2007-07-05 22:58:49 · answer #8 · answered by Help Appreciated :) 2 · 0⤊ 0⤋