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  1. #1

    Default Help with First Offense Possession of Marijuana

    Hello and thank you for taking the time to read this. On Saturday night I was in the passenger seat of my car while parked in a concert parking lot. I was smoking a Marijuana Joint when I was offered $5 for a hit. I was skeptical and asked if he was a cop. He proceeded to tell me that he was. I was written a citation for DISORDERELY CONDUCT with an explanation of smoking Marijuana. A copy of the original citation can be found here
    http://img297.imageshack.us/my.php?i...itation0ho.jpg
    I have a few questions pertaining to this ticket.

    1. Under Case Instituted By:, "On-view arrest" is checked off. I was never arrested nor held in there custody at all, I was simply searched and then written this citation. Why was this box checked instead of citation/summons? What should I do.

    2. The back of the ticket states: In order to plead Guilty, “return the signed portion of the ticket along with an amount equal to the total due as specified in item 28 on the reverse side”. But item 28 was left blank. What am I required to pay since there is no amount filled?

    3. I was never asked to sign the acknowleges reciept of citation box. Does this play any affect in the validity of this citation?

    4. Lastly, I would like to know how this will show up on my record, and if it even will. I was charged with disorderly conduct. In the future, when a background check is done, will it be viewable that I was smoking marijuana, or will it just be listed as Disorderly conduct? My record is obviously my biggest concern.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: My First Offense with Marijuana, help!

    An "on view arrest" is when a law enforcement officer has decided through his investigation or personal observation that someone has committed a crime.

    The lack of a fine is presumably because you can't resolve the charge just by paying a fine, but must go to court.

    The defendant's signature is normally just an acknowledgement of receipt and promise to appear in court as ordered. It usually has no significance if a defendant does not sign.

    If you are convicted of a disorderly conduct misdemeanor, that's how it will appear on your record. So in the future somebody looking at it wouldn't know if you were caught with a joint, or caught soliciting a prostitute.

  3. #3

    Default Re: My First Offense with Marijuana, help!

    Nice! Thank you for your response Mr. Knowitall.
    So, this means that I must plead not guilty in order to set a court date? This kind of sux considering that the court is 8 hrs away. I'd rather just plead guilty. And another question I have is, will I be required to pay whatever fine i'll recieve right then and there or will they give me time to pay. There's really no way to find any of this info out by reading the ticket, thanks again!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: My First Offense with Marijuana, help!

    If you wish to hire a lawyer, it may be possible for the lawyer to reduce the number of court sessions you must attend. A local lawyer can also inform you of local sentencing practices, so if the judge says something like "$500 or 30 days" you will know to have $500 in your pocket when you come to court.

  5. #5

    Default Re: Help with First Offense Possession of Marijuana

    Are You Sure That There Is No Way That I Can Plead Guilty. And Just Pay A Fine? I Slightly Remember The Cop Stating If I Decide To Plead Guilty.... But My Memory Is Fogged For Obvious Reasons So He Might Not Have.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help with First Offense Possession of Marijuana

    I can't tell you what to do. If you want to know what is likely to happen in your local courts, you need to consult a criminal defense lawyer who is familiar with practice in those courts.

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