What should I expect from my drug charges? 41 Answers as of July 12, 2013

I was arrested for my first time in a car with a couple known gang members who were also arrested with me for possession of marijuana, and possession of a weapon and attempt to mob. I was charged with possession of cannabis and possession of paraphernalia. What should I expect for my court date? I had a scale covered with marijuana to weigh illegal narcotics and under 2.5grams of cannabis. Any advise? Should I plead guilty?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your first.court date is.your.arraignment. at that.time.you will be.told what you are charged with. At that.time you should.get an attorney.
Answer Applies to: California
Replied: 6/13/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
In Ohio possession of small amounts of marijuana is a minor misdemeanor, meaning that there is no possibility of jail time and the maximum fine is $150. There is a driver's license suspension typically for six months. The possession of drug paraphernalia charge is a fourth degree misdemeanor which carries a maximum of 30 days in jail and a $250 fine along with a driver's license suspension. There may be defenses that you have available so you should consult with an attorney before pleading guilty.
Answer Applies to: Ohio
Replied: 6/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should not plead guilty, you should hire an attorney to try to get an ACOD ( Adjournment in contemplation of dismissal ) which means the case is adjourned for 1 year in marijuana cases and if you do not get in trouble again the case will be automatically dismissed. Even if you can not get an ACOD you will probably do better in plea bargaining with an attorney than you would without one.
Answer Applies to: New York
Replied: 6/8/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
No way. Hire a lawyer. Multiple occupants creates potential defenses. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When charged with a felony, you potentially face one or more years in prison if convicted.
Answer Applies to: California
Replied: 7/12/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Both charges are class A misdemeanors in Kansas. You would expect to be placed on probation for 12 months. You should consult with an attorney with experience in drug matters.
    Answer Applies to: Kansas
    Replied: 6/8/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should never plead to a crime without first considering consulting with an attorney so that you fully understand the potential consequences. In Louisiana, first offense possession of a controlled substance carries fines of up to $500 and jail time of up to 6 months. Possession of paraphernalia also carries fines of up to $500 and jail time of up to 6 months.
    Answer Applies to: Louisiana
    Replied: 6/8/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If this is your first offense, you should get the marijuana charge reduced to disorderly conduct, or maybe just plead to the paraphernalia. There is a mandatory 24 hours in jail (in WA), but other than that and a fine, you should not expect too much punishment.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends a lot on which county your charges are pending in. I suggest talking to a lawyer - don't just plead guilty. Try to make a deal that will allow you to remove the arrest and charges from your record eventually.
    Answer Applies to: Colorado
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you plead guilty, you will give up all of your rights and be sentenced on the charges that were brought. If you plead not guilty initially, you may have an opportunity to plea bargain with the prosecutor for a lesser charge. It sounds like the possible charges could be felonies and that could mean possible prison time.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    In order to find out what you should expect from your drug case, you must consult an experienced criminal defense attorney in your state. If you are unable to locate this type of attorney on your own, you may check the member listings of the National Association of Criminal Defense Lawyers (NACDL). It is definitely not in your best interests to plead guilty to a drug offense without the benefit of legal representation and advice.
    Answer Applies to: Minnesota
    Replied: 6/7/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You should never plead guilty up front. Always plead not guilty and then the negotiations can begin. There are many ways a case of that nature can be challenged successfully by a competent criminal defense attorney. Consult with one immediately and fight this case. Good luck.
    Answer Applies to: New York
    Replied: 6/7/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You definitely want to talk to an attorney about this; you may be charged with felonies. You can be charged with accomplice liability, meaning that you are charged with the same crimes as the other people in the car because you were allegedly "acting in concert" or "acting with another." If you have any questions, please feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 6/7/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    You need to hire a lawyer. They can get the charges possibly reduced. You're looking at a felony conviction. Don't be foolish.
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are facing a term of probation, perhaps supervision, which is not a conviction, or conditional discharge, which is a conviction and permanent mark on your record. You are also facing community service. Because the case could result in up to one year in jail, the court will strongly suggest you retain the services of counsel, if you cannot afford a lawyer, ask for the public defender. Do not try and settle this case on your own, you do not know how the court operated, be smart and hire an attorney.
    Answer Applies to: Illinois
    Replied: 6/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that you were arrested with other gang members for possession of marijuana and "attempt to mob". Perhaps you man Attempted Robbery, which is a felony that carried a possible prison term. The first thing that you should do is to retain an experienced criminal attorney. Next you should quit the gang and get a good education, a job, and stop driving around in cars with drugs. If you look like a gang banger you are a target for police that will pull you over and search your car all day long. You seem young, uneducated, and are an a path that will lead to prison, poverty, and drug addiction. Change your life now while it's not too late. You deserve a good career, a good education, and a fulfilling life. I have represented thousands of inner city men who hate the police, deal drugs, get arrested three times a year, and spend the rest of their lives in and out of prison. There are millions of uneducated men who do nothing but hang out with gangs or drug dealers because they are lazy, stupid, and anti-social. Escape the street life now or suffer the consequences. Good luck.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Assuming that you were charged with possession of marijuana 2nd (personal use and possession of drug paraphernalia, both charges are misdemeanor charges.If the charges are before a municipal court the range of punishment is up to six months in jail on each charge and a fine not to exceed $500 and court cost on each charge. The jail sentence can be suspended for a period of up to two years.If the case is in District Court the range of punishment is up to one year on each case and a fine not to exceed $6,000 on each charge. The jail sentence can be suspended for a period of up to two years.In addition, your driving privilege, upon a conviction of possession of marijuana, will be suspended for a period of six months. Note: if you are convicted of possession of marijuana 2nd, any subsequent arrest for possession of marijuana must be a felony charge, regardless of the quantity.
    Answer Applies to: Alabama
    Replied: 6/6/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You should not plead guilty. You should plead not guilty and consult with a lawyer. There are many important issues that may exist in your case that will greatly affect the outcome and sentence in your case.
    Answer Applies to: Montana
    Replied: 6/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, a drug offense is extremely serious. A criminal offense committed for the benefit of a gang enhances the severity of the offense and may raise even a gross misdemeanor offense to a felony. In Minnesota, a conviction may result in lengthy prison sentences and significant fines. You would be wise to retain legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Always plead "not guilty" at your first court appearance which is your arraignment. The judge explains the nature of the charges against you and informs you of what rights you have. If you qualify to have a court-appointed lawyer, they will mention that to you as well. There are no state laws covering drug paraphernalia, but most local cities, towns, or townships have ordinances against it. Usually it's a 93-day misdemeanor. Possession of marijuana of any amount is a misdemeanor as well. If it's your first offense, you will probably get probation and may even be eligible for a 7411 status or HYTA, status depending on your age, which could keep the charges off your record. You should retain or at least consult with an experienced criminal attorney for a proper case evaluation.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    What is clear from your question is that you need to hire an experienced attorney to represent you. There are a great number of cases which have been decided concerning possession of controlled substance in a vehicle. Your case needs to be reviewed to see what defenses are available based on the facts in your case. It is impossible to tell what the expected result will be based on what you provide. Once again, your attorney can review this with you. Any sentence will be based on your prior record, the offense, and will be influenced by the co-defendant's actions. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    If you're able to hire an attorney do so, immediately, I've handled some major drug cases and some minor stuff like this... You'd be surprised what a good attorney can do.
    Answer Applies to: New York
    Replied: 6/6/2011
    Halprin Law Office
    Halprin Law Office | Richard Halprin
    Is this a first offense? Is this a first drug offense? What city? What county? If you can answer gear questions, I can give you an overview of what to expect.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    In most jurisdictions, possession of a small amount of pot and paraphernalia are relatively low level misdemeanors. You're fortunate you didn't get hit with the weapon charge. You should be able to get probation or some type of alternative resolution program that results in the charges being dropped after a period of supervision. Get an attorney!
    Answer Applies to: Pennsylvania
    Replied: 6/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    An experienced lawyer can help you explore other options, such as drug programs, the completion of which could result in a dismissal of the charge(s).
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    Possession of such a small amount of marijuana, unless it is possessed for the purpose of sale, is normally charged as an infraction (ticket) in CA.
    Answer Applies to: California
    Replied: 6/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You need a lawyer. Not hiring a lawyer is one of the biggest mistakes by people in your situation. I have specialized in this area of the law for over 30 years in your area and have seen how people regret the fact that they did not hire a successful attorney to help them in their time of need. One who represents themself has a fool for a client. Feel free to call me to answer any additional questions.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    You should never plead guilty without talking to an attorney first. Most of the time at the very least a deal can be reached to save you punishment and points on your record.
    Answer Applies to: North Carolina
    Replied: 6/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    To be frank, it is difficult to address your question, because there are so many facts that would be required in order to gauge your case. But one thing is certain: You need to hire a good criminal defense attorney as soon as possible to help advise you as to your rights and options, after carefully discussing all the facts. Good luck!
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Do you have any prior convictions for drugs? Are they charging you with just Possession of Marijuana or is the charge possession with intent to deliver? All of these are relevant pieces of information that would be needed to answer the question. You need an attorney.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    Your first court date is likely to be an arraignment where your attorney will enter a plea of not guilty on your behalf and you'll get another court date scheduled. You need to talk to your lawyer to find out the strength of the State's case, discuss any possible defenses, and find out what the plea offer is before you make a decision about pleading guilty or going to trial. Please let me know if you have any questions!
    Answer Applies to: Washington
    Replied: 6/7/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    If these were both charged as misdemeanors and charged in Colorado, the pdp (possession of drug paraphernalia) is a petty offense punishable by a maximum fine up to $100. Less than two ounces of marijuana is punishable by a maximum fine up to $100. These are only estimates assuming the misdemeanors noted above. You should consult with an attorney who can tell you about any possible defenses to the charge or other options for potentially keeping the charges off of your record.
    Answer Applies to: Colorado
    Replied: 6/6/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Never just plead guilty. You need to immediately contact an experienced criminal defense attorney to help you. It is unclear if you were charged with possession of marijuana for sale which is a straight felony offense. Given you were in possession of a scale I would assume yes. In any case, the only way to truly know what is possible for your case is to seek the representation of an attorney. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 6/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Do not plead guilty without speaking to an attorney. If you cannot afford an attorney, get a public defender. You need an attorney!
    Answer Applies to: New Jersey
    Replied: 6/6/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You should get a criminal defense lawyer.
    Answer Applies to: New York
    Replied: 6/6/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney