Simple Drug Possession in Virginia

[burntonthatdeal]

My question involves criminal law for the state of: Va.

Simple possession of cannabis, first time offender. Lawyers have told me that due to my consent there is no contention. I have been advised to represent myself in court, accept the draconian sentence of 6 mo. suspended license, community service, months and months of drug classes, and two years probation (good behavior?). The lawyer said the only reason for hiring him would be to have him argue on my behalf for my restricted license. He said if I can appear in court on my own without having a panic attack, then he really wasn't necessary. I'm worried about the judge throwing curveballs and trying to ream me as hard as he can. Obviously this ruins my life more than using pot does, and I've accepted responsibility by trying to vote these guys out of office ever since I've been of legal voting age. I'm afraid my future career options are totally ruined. In the end, my only recourse, I guess, will be to piss on these guys graves. My question, really, is, how do I handle myself in court? I've got the first offender statute ready, and I'm going to ask the judge to allow me that. I'm worried he's going to tell me to eat shit and die when I ask for a restricted license, and do everything in his power to keep me down and paying fines. If I speak only when spoken to, refer to the first offender statute, and present the restricted license form, can I expect the judge to allow me to go through with it? And what exactly does this look like, if dismissed, on an employee background check?

Thanks,

Nervous Wreck

[PandorasBox]

Never represent yourself in court. NEVER.

You need a different lawyer.

"I'm afraid my future career options are totally ruined." Think about criminal activities BEFORE you do them.

"I'm worried about the judge throwing curveballs and trying to ream me as hard as he can." "I'm worried he's going to tell me to eat shit and die when I ask for a restricted license, and do everything in his power to keep me down and paying fines." Holy Paranoia, Batman! Hello, counseling?

How do you conduct yourself in court: First, you lose the bad attitude. "Draconian sentence" - you committed a crime.

You dress nicely, think suit and tie. You don't come in smelling of smoke or pot or alcohol. You remove all unusual piercings. You shower, shave, wear deodorant. If you have an unusual hair color, you go back to a natural color. Turn off the phone before entering the court house. No gum chewing or food or water. You don't swear. No friends, no children, no family in court. You be polite. When the judge addresses you, you answer. You address the judge as "Your Honor", not yes sir or yes ma'am.

[burntonthatdeal]

I know how to dress and act. As far as my venting...

Committed a crime? Hope you're not planning on watching the "Pot Bowl" with family and friends this year...Twilight Zone 2014. I didn't vote for this. I guess the judge is going to tell me to move to Colorado or Washington state.

"Never represent yourself in court. NEVER. You need a different lawyer." Thanks, that's what I needed to hear.

I can't understand how my concerns are not valid RE legal conduct and the judge looking at me as a soft target if I show up alone.

As far as counseling...looks like I'm about to be paying for and attending months and months of "counseling."

Thanks for your reply.

[LawResearcherMissy]

Committed a crime? Hope you're not planning on watching the "Pot Bowl" with family and friends this year...Twilight Zone 2014. I didn't vote for this. I guess the judge is going to tell me to move to Colorado or Washington state.

*eyeroll*

Suck it up, Buttercup. You did, in fact, commit a crime. That's why you're here whining about this charge potentially "ruining" your life. Where you live, Mary Jane is not legal. Thus, it's a crime. You've no one to blame but yourself.

Find an attorney who is willing to help you negotiate a lesser punishment, because if you show up in court acting the way you're acting here, I'm sure the judge will be delighted to throw the book at you for acting like a spoilt child instead of grown adult taking responsibility for his actions.

[nadsab]

You say it is posession. Why are they putting you on a restricted license? Were you driving while smoking weed?

You make it sound like you were caught at home or on the street smoking a joint and if that is the case then why are they taking your driving license away?

If you were caught with pot in your car, you need to understand - even though booze is legal, it is still illegal to drive while drunk - so even in Washington or Colorado now that pot is legal - it is still illegal to be smoking pot or high on pot while driving there.

Even if the feds legalized pot tomorrow - it would still be illegal to smoke pot while driving.

[LawResearcherMissy]

nadsab, what are you on about?

He didn't get busted with pot in his car. Conviction on a pot related offense in Virginia requires a 6 month drivers license suspension.

You really need to do your research before rambling on.

[burntonthatdeal]

You say it is posession. Why are they putting you on a restricted license? Were you driving while smoking weed?

You make it sound like you were caught at home or on the street smoking a joint and if that is the case then why are they taking your driving license away?

If you were caught with pot in your car, you need to understand - even though booze is legal, it is still illegal to drive while drunk - so even in Washington or Colorado now that pot is legal - it is still illegal to be smoking pot or high on pot while driving there.

Even if the feds legalized pot tomorrow - it would still be illegal to smoke pot while driving.

In the state of Virginia, possession of cannabis results in a mandatory suspension of your driver's license. That's right: If you're picked up at a concert for smoking a joint, you lose your license. However, underage alcohol possession charges do not carry the same penalty. Makes sense, right?

Edit: Beat me to it.

[tc498]

It's probably a pretty cut and dry matter b.c you have no argument,while the laws seems strict there nothing you can currently do about that. A lawyer is your best bet for a restricted license and getting the best outcome in general. The law can be a funny a thing,in many places a small amount of bud isn't even a criminal offense and the charge gets expunged if you stay out if trouble. Actions have consequences even if they are not fair, a lawyer can hopefully limit the damages,I would speak to another lawyer or two. The guy might of been honest that it's just a simple matter,it's always better having a lawyer.

At worse this is a simple misdemeanor which can cause problems with getting a job and other stuff. Having one misdemeanor for a small amount of weed isn't the end of the world, as time passes it will be less of an issue,just plug away,eventually you will find a decent job. A felony or even a crime of fraud or theft related is looked down upon more then this.

[nadsab]

In the state of Virginia, possession of cannabis results in a mandatory suspension of your driver's license. That's right: If you're picked up at a concert for smoking a joint, you lose your license. However, underage alcohol possession charges do not carry the same penalty. Makes sense, right?

Edit: Beat me to it.

AH good point LOL I guess some states have really crazy laws. One state you lose your license for pot even if not near your car, and in other states it is perfectly legal to smoke weed. Now Obama just came out and claimed pot is no worse then alcohol. Virginia is really a screwed up state - just today the gov there was busted for taking bribes LOL. Pot will eventually be legalized in the US it is only a matter of time.

[flyingron]

In the state of Virginia, possession of cannabis results in a mandatory suspension of your driver's license. That's right: If you're picked up at a concert for smoking a joint, you lose your license. However, underage alcohol possession charges do not carry the same penalty. Makes sense, right?

Edit: Beat me to it.

Actually, you're going to get 6 months to a year of suspension for underage alcohol possession as well in Virginia.
Even the diversion program mandates 6 month suspensions.