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  1. #1
    Join Date
    Sep 2008
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    1

    Default First Time Offender, Possession of Marijuana

    My question involves criminal law for the state of: Alabama

    I was arrested a couple weeks ago for 2nd degree possession of marijuana. I'm 24 and this is the first time I've ever had anything on my record (even a traffic ticket). I am about to graduate from college and any job that I qualify for will require me to have a security clearance. My big question is - is there any chance of this not getting put on my record? I was cooperative with police when I was pulled over and they said that would help matters (but they are police, so who knows?) Will it help if I offer to take a drug test when I go to court? Will the judge even allow me a drug test in court? Will it help if I offer to pay for drug classes and random drug testing for any duration that the judge sees fit?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    73,761

    Default Re: First Time Offender, Possession of Marijuana

    Consult a local criminal defense lawyer, and ask about any programs or sentencing options available in your state and county for first-time drug offenders, whether you qualify, and how they may help you avoid a conviction.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: First Time Offender, Possession of Marijuana

    2.2 lbs or less misdemeanor 0 - 1 year $6,000
    Possession of marijuana is a criminal, arrestable offense. For possession of an amount of one kilogram (2.2 lbs) or less, the crime is a Class A Misdemeanor, punishable by up to one year in jail and a fine of up to $6,000. A second offense for minor marijuana possession becomes a Class C felony, carrying a possible penalty of not more than 10 years and not less than one year and one day, nor more than a $15,000 fine. For possession of any amount over one kilogram, the crime is a felony, punishable by 1 - 10 years in prison and a fine of up to $15,000.

    The sale, cultivation or manufacture of marijuana is a felony offense. If the amount is one kilogram or less, the mandatory minimum sentence is three years in prison and a fine of up to $25,000. For an amount greater than one kilogram but less than 100 lbs, the sentence is a minimum of five years in prison and a fine of up to $50,000. For an amount up to 500 lbs, the sentence is a minimum of 15 years in prison and a fine of up to $200,000. Any amount of 1,000 lbs or greater is punishable by life without the possibility of parole.

    The penalties for sale of marijuana are enhanced if the sale takes place within a three-mile radius of a school or public housing project, adding five years to the sentence for the sale. Sale to minors (under 18) can increase the penalty by 10 years to life in prison, and no suspension or probation can be granted to this sentence.

    The possession or sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,000. If the paraphernalia is sold to a minor at least three years younger than the seller, the penalty becomes a felony and is punishable by 2 - 20 years in prison and a fine of up to $10,000.

    Any conviction for possession, sale, manufacture or cultivation also results in the suspension of the offender's driver's license for a period of six months.
    You need a criminal defense attorney and QUICK as it looks like your gonna lose your Drivers license if you get convicted.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: First Time Offender, Possession of Marijuana

    I will also say that options that would prevent most background checks from seeing the infraction may not prevent the checks done for a security check for the military or for a police department to see it.

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