My question involves criminal law for the state of: Virginia
I was walking to a friends house when i was stopped by a officer, he asked me if i had been smoking i told him i was smoking a cigarette. I had quit smoking marijuana a month and a half before but did not clean out my wallet. Thinking i had nothing to worry about i allowed the officer to search me. He found a very old little bag which had some remaining crumbs which i think was about 1/10 of a gram very very little. He gave me a ticket which told me to arrive on court march 8 2012 at 930am. I have papers from a drug test i took a couple weeks before the incident proving i am clean and am willing to take another urine sample if needed. I have report cards from my school about how i have improved academically since stopping.I have never been in trouble with the law except for a simple assault charge that will not be on my record.I would like to not get probation if possible because i am a senior and plan to go vacationing and spring break etc.This is where i stand and am wondering what my punishment could be, if i should plead guilty or not guilty and if i should look into getting a free attorney because my parents do not know about this charge and i can NOT tell them.
I'm wondering if this has any chance of being thrown out because the officer had no reason to stop and no probable cause either.
Marijuana Charge
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02-18-2012, 11:04 AMsasaib9Marijuana Charge
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02-18-2012, 11:35 AMaardvarcRe: Marijuana ChargeSince we have no idea that was in the officer's head at the time, we cannot possiblly agree or disagree with whether or not probable cause existed. The officer may very well be able to articulate reason(s) that would constitute probable cause. But it's a HUGE mistake for you to assume that just because YOU don't see probable cause, that it didn't exist. This is why people retain attorneys, to investigate and challenge whatever probable cause the officer offers in court.Quote:
Quoting sasaib9
A possession charge has nothing to do with you being clean or not. You can absolutely be convicted of possession even if you NEVER used the stuff yourself. The only things the state has to prove are that (a) it was a controlled substance, and (b) that you were unlawfully in possession of it. USE of the drug isn't an issue.Quote:
I have papers from a drug test i took a couple weeks before the incident proving i am clean and am willing to take another urine sample if needed.
Not relevent to the state bringing a case against you.Quote:
I have report cards from my school about how i have improved academically since stopping.
The assault charge will still be seen by the court.Quote:
I have never been in trouble with the law except for a simple assault charge that will not be on my record.
Any person who violates this section (§ 18.2-250.1. Possession of marijuana unlawful) shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.Quote:
wondering what my punishment could be
This isn't an answer that you should be getting from a bunch of strangers on the internet. Consult an ATTORNEY, one who practices in the county criminal court in question - they are the ONLY person who can give you an idea of how your local court is likely to handle such a case, predict any plea or deferment program that might be offered, give you insight into typical sentencing, and provide legal advice on your best option(s). What happens in OTHER courtrooms isn't relevent to YOUR case.Quote:
if i should plead guilty or not guilty