Requesting Pre-Trial Diversion for a Misdemeanor Without a Lawyer

[equinox]

My question involves criminal law for the state of: Georgia

I was arrested and charged with the following misdemeanors: 1. possession of marijuana less than 1oz, minor in possession of alcohol and open container violation. I was in the passenger seat and my friend was driving and got pulled over for speeding. The officer arrested for the charges listed above, but could not prove whose marijuana or alcohol it was. Also, I got breathalyzed and the officer said I blew 0.00, but failed to record it so I got charged with minor in possession and open container. I can not afford a lawyer and I was wondering if it would still be possible to get put under the pre-trial diversion program. If so, how I would go about doing so.

Thanks

[Mr. Knowitall]

Whether or not you had alcohol in your body, you can be charged with possession of alcohol based upon your possession of an open container of alcohol. It is not necessary for the officer to "prove" who bought the drugs or alcohol - if you both knew it was there and you both had access, you both had actual or constructive possession.

If you want to know if pretrial diversion is available in your county and under the facts of your case, consult a local criminal defense lawyer. You may be able to find information on the county court's website, or the prosecutor's website.