Should I accept this offer of dismissal of cocaine charge? 9 Answers as of August 12, 2013

About a year ago, I was charged for possession of cocaine. Please let it be known, I do not use controlled substances, unfortunately, I was at the wrong place at the wrong time. My lawyer contacts me to tell me that the cocaine charge will be dismissed if I agree to drug counseling. I understand that this is a dismissal, but I probably do not understand the full extent of what is happening here. My questions are : Is this a good deal? Should I really be going to drug counseling for something I've never done? And by accepting, will this be seen in my records and affect job opportunities? I would greatly appreciate your quick response. Thank You.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If it is dismissed then there would be no record. Take the deal.
Answer Applies to: Michigan
Replied: 8/12/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You should refuse the plea offer and dismissal, and let the jury decide IF you were in possession of the cocaine. IF they decide no, then there is no consequence to you. IF they decide yes, then you are going to prison. Clearly, you are a gambler and like to take chances. So, take a chance on explaining why you were in the wrong place at the wrong time.
Answer Applies to: Georgia
Replied: 8/12/2013
Law Offices of Eric J. Bell | Eric J. Bell
People are accused of crimes they don't commit all the time. People are also convicted of crimes they don't commit. You are a fool if you don't accept this offer. The charges are being dismissed!
Answer Applies to: Illinois
Replied: 8/12/2013
William A. Siebert
William A. Siebert | William A. Siebert
This depends on the type of counseling. If it is see a drug counselor and then follow his recommendations, you should take it. If the state is demanding inpatient treatment of a term in drug court, I would turn it down. I assume your lawyer explained the misdemeanor offense of "loitering in a place of illegal occupation." which is the crime you actually committed.
Answer Applies to: Michigan
Replied: 8/12/2013
Gates' Law, PLLC | Thomas E. Gates
It is a good deal. Going to trial is a crap shot on what the jury or judge will believe, so the risk is not worth it. They conduct a drug and alcohol evaluation at the start of the program, so depending on your results your treatment may be minimal if at all. You can expunge your record after the dismissal to make sure your record is clean.
Answer Applies to: Washington
Replied: 8/12/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    If you don't trust your attorney's advice, you need to fire him and hire a new attorney. If you were arrested, the record of the arrest will show up on a criminal background check forever. There is no way to get that expunged unless you were arrested based on false information and no charges were filed. If you have to plead guilty and accept an SIS (suspended imposition of sentence) with probation, then the SIS and probation may appear on criminal background checks. During the probation period, it's an open case, so if you apply for a job during that time and they run a background check, the SIS and probation will appear. If you have to plead guilty and accept an SIS, then whenever you are asked on an employment application if you have ever pleaded guilty to anything, the honest answer is yes. So, yes, it's a good deal if they are going to dismiss the charge after you go to drug counseling. But I would imagine that the deal you are getting involves an SIS and probation and a court appearance at which you will have to plead guilty to the drug charge. After you complete probation, the court will close the case and there will be no conviction.
    Answer Applies to: Missouri
    Replied: 8/12/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Why not just ask you lawyer these questions?
    Answer Applies to: California
    Replied: 8/12/2013
    The Lariscy Law Firm, PC
    The Lariscy Law Firm, PC | Joseph E. Lariscy, III
    It depends on the plea. It may be eligible for expungement depending on the program you would be entering. Ask you attorney if expungement is an option for the plea. That is the only way to protect a clean record.
    Answer Applies to: Georgia
    Replied: 8/12/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Not sure to what he is alluding. If he is talking about DEJ, that requires you to plead guilty to drug possession and then it is dismissed years later if you get through the program and if you were the screw up, the guilty plea would result in a felony conviction. If he is talking about some local, DA diversion thing that invites you to take a could of classes [pre-guilty plea] that will result is a dismissal, then you might want to do it, in a lesser of evils sort of way.
    Answer Applies to: California
    Replied: 8/12/2013
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