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todesengel
the chinese chicken


Registered: 08/04/05
Posts: 809
Last seen: 4 years, 5 months
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Getting a posession charge thrown out
#8871098 - 09/03/08 10:58 AM (15 years, 8 months ago) |
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My friend just got his first possession charge. It was only for Marijuana and under 6 grams. I cant really read the ticket. This is the only thing on his record.
Is there any way he can get this thrown out? Hes just starting to go back to school and hes 19 and doesn't want this to look bad for him.
The reason he was pulled over in the first place was a broken taillight. Once coming to the window he smelled it and first thing he asked was where the Marijuana was. Being such potent Marijuana, it couldn't hide so my friend was very cooperative with them. He was taken down and allowed a phone call to get home.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Getting a posession charge thrown out [Re: todesengel]
#8871192 - 09/03/08 11:18 AM (15 years, 8 months ago) |
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Friend should not have admitted it. He just mooted every appeal and challange he could have made except legality of intitial stop- whcih was clearly legal.
Now he can decide what to do. Probably strike a deal. If he can get a deal go for it. If not he should check out the expungment process in the state and see how long he has to wait to get the thing thrown out. IN the meantime he'll likely be denied further student aid at federal level.
Plead not guilty at arraignment and get a lawyer if it is not a petty offense in your state (no jail time possibility). Then try and get it pled down to disorderly conduct or something. Otherwise take whatever deal they offer and try for expungment.
One other thing is to try for a diversion/drug court thing.
Tell the attorney that you are addicted to marijuana and need help. If there is a drug diversion program they'll make you do all sorts of bullshit probably for a year and then dismiss the charge which you can expunge later hopefully. Not all states localitites have these though.
Yes its bullshit to say your addicted to marijuana but do it. I've known people addicted to marijuana, LSD, and xanax for purposes of the court, and the guy with xanax had never done them in his life, just had them on him.
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Chemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
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Re: Getting a posession charge thrown out [Re: todesengel]
#8871308 - 09/03/08 11:48 AM (15 years, 8 months ago) |
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Your friend is facing mandatory 1 to 90 days county jail, mandatory fine of $250.00, if he's from the same state as the other friend of yours you asked about before.
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Entropymancer

Registered: 07/16/05
Posts: 10,207
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Re: Getting a posession charge thrown out [Re: todesengel]
#8871766 - 09/03/08 01:43 PM (15 years, 8 months ago) |
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For his current situation, john's advice is solid. For future situations: Keep the stanky nugs in a glass jar or other airtight container. Getting pulled over happens; if you're safe and take reasonable precautions, it shouldn't lead to any drug charges.
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