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  1. #1

    Default Possession of Marijuana and Paraphernalia

    My question involves criminal law for the state of: Arizona

    Pulled over for no apparent reason (didn't wait 2 seconds to change lanes, even with blinker on) by a drug cop. I ask him what the problem is and he tells me he will answer when I step out of the car and walk to his truck with a dog in the back.

    Anyway to keep it short I was honest with him about the bud I had in my truck (under an ounce). He said since I was honest all the way through that he would not arrest me and gave me a traffic ticket and complaint:

    count A: Possession of Marijuana
    count B: possession of Paraphernalia

    Both marked criminal.

    So I send the ticket in and call the court. They say they will mail me my paperwork since I live in another state and I will have to call at a specific time to speak with the District Attorney to work out a plea agreement, then speak to the Judge.

    Questions:

    The cop told me it is not a felony, but that it would be on my record. What is it then?

    It doesn't look like I will have to physically go to court, but will I?

    They want me to go to the local "jail" as the woman on the phone put it to get fingerprinted in order for them to know that it is actually me who is sending them back the paperwork. What is this all about?

    I am a 36 year old man with a spotless record before this happened. Will this help my case with the judge dropping one of the counts?

    Any info would be gratefully appreciated.

  2. #2
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    Default Re: Possession of Marijuana and Paraphernalia

    Quote Quoting jumpersteeth
    View Post
    The cop told me it is not a felony, but that it would be on my record. What is it then?
    It's a misdemeanor.
    Quote Quoting jumpersteeth
    It doesn't look like I will have to physically go to court, but will I?
    In all likelihood, yes.
    Quote Quoting jumpersteeth
    They want me to go to the local "jail" as the woman on the phone put it to get fingerprinted in order for them to know that it is actually me who is sending them back the paperwork. What is this all about?
    In common parlance, it's called a "booking".
    Quote Quoting jumpersteeth
    I am a 36 year old man with a spotless record before this happened. Will this help my case with the judge dropping one of the counts?
    I would suggest consulting a criminal defense lawyer in the county where you're charged, to see if you might qualify for a deferred sentence as a first time offender. Most states offer some form of deferral for first time simple possession charges.

  3. #3

    Default Re: Possession of Marijuana and Paraphernalia

    Thanks for the reply.

    I just found out that they are sending me the paperwork to fill out, send back. I will have to speak to the District Attorney, then the Judge over the phone. I would think this means I will not have to go to the state of Arizona. I live in New Mexico. Sound right?

    As far as the fingerprint, "booking" all right. But can you be arrested without being brought to the station?

    And as far as speaking to a defense attorney about probabtion and all that goes with it, I would have to do probabion in that state, right?

    And since I cannot afford to go to the state I was charged in and I am told to go to court what then?

    The woman at the court said the Judge will usually drop one of the charges due to first time affense. Sound right?

    Does full honesty cooperation with the officer transfer to his paperwork in any way?

    One more thing. What should I expect to hear from the District Attorney, and the Judge over the phone?

    Thanks again for your help.

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