What will be the outcome if my friend got arrested for marijuana? 17 Answers as of July 17, 2013

I was outside waiting for him when he pulled up in his car. The police took him out the car and handcuff him and put a car in his face. The police took him to his dorm room and found marijuana and the roommate was not there. Then the police arrest my friend. My friend only had 30 dollars in wallet. He said don’t know anything about the drugs. What will be the outcome? My friend never has been in trouble. He worked and go to school. Thanks!

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Leonard A. Kaanta, P.C. | Leonard A. Kaanta
There are too many variables to answer your question.
Answer Applies to: Michigan
Replied: 10/1/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If a first time offender, your friend will probably get some form of probationary sentence, or deferred prosecution. He may be required to perform some community service or attend some drug school class, and should be able to get a disposition which will not cause a permanent record. In any case, to insure that he does not get a permanent mark on his record, he should invest in a lawyer to get the best possible outcome. In no case is he going to go to jail for this infraction.
Answer Applies to: Illinois
Replied: 10/1/2012
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It is not possible to foretell the final outcome. It does appear, however, that he would be able to mount a good defense to the charge. He definitely does not want to plead guilty based on the information you provide.
Answer Applies to: Minnesota
Replied: 9/28/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
He needs a good defense attorney, a drug charge will follow him for the rest of his life. It is one thing if he was foolish and guilty, another if he is innocent.
Answer Applies to: Michigan
Replied: 7/17/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Did they have a warrant for his arrest? Why did they arrest him? What about the dorm mate? Did they have a warrant to search the room? It seems they have done several things that do not sound legal. He needs a good attorney.
Answer Applies to: Michigan
Replied: 7/17/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State a first offense marijuana misdemeanor or violation will be given an ACD dismissal and if they are not re-arrested in the next six months the case will be dismissed and he will not have a criminal record. He can also refuse the ACD if he is innocent and set the matter down for trial and contest the legality of the search and whether he knew the drugs were in the dorm. I would probably demand a trial and not accept the ACD if he was innocent and if I felt that he did not consent to the search and there was no search warrant.
    Answer Applies to: New York
    Replied: 7/17/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The friend for whom you ask the question will probably get the public defender appointed and this case seems ripe for a motion to suppress. He should plead not guilty at this stage until all the facts are known and his attorney determines if there is a viable motion to suppress, or instructs him otherwise.
    Answer Applies to: Florida
    Replied: 9/28/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Lots of variables here depending on the amount of drugs found, etc. Your friend should consult with a criminal defense attorney in the area as soon as possible.
    Answer Applies to: California
    Replied: 6/12/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Better hire a lawyer. Sounds like a relatively minor case, but if left undefended will result in a criminal record.
    Answer Applies to: California
    Replied: 6/12/2013
    Steven Alpers | Steven Alpers
    I would argue that the evidence was seized as a result of an illegal search.
    Answer Applies to: California
    Replied: 9/28/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    What gave the police probable cause to detain him in the first place let alone make him go to his apartment so they could search? I suggest he retain a criminal defense lawyer as something is missing here.
    Answer Applies to: New York
    Replied: 9/29/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Why was your friend stopped in car in first place? There are diversionary programs to ensure that there is no conviction. He could fight the case but that may be risky depending on the facts. It sounds like he may have a winnable case, however.
    Answer Applies to: Pennsylvania
    Replied: 9/29/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If you are really from MA as you say nothing will happen. In MA less than 1 ounce is a civil violation and not a criminal offense. You pay a fine like a speeding ticket.
    Answer Applies to: Massachusetts
    Replied: 9/29/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    As marihuana was found in your friend's dorm room, whether it was his or his roommate, he can be charged and posibly convicted. To prove he is innocent he must prove that he had no knowledge that the drungs were in the room. Possession can be sole or joint possession, actual or constructive, and the prosecution will likely claim that the possession was constructive. Upon conviction, I assume it is a misdemeanor arrest, he could likely be facing probation, a fine, cost and a six (6) month suspension of his driver's license.
    Answer Applies to: Alabama
    Replied: 9/27/2012
    Attorney at Law | Michael P. Vollandt
    In California if the MJ is less than one oz. it is an infraction with a $100.00 plus PA max.
    Answer Applies to: California
    Replied: 9/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Did you ever wonder how the police knew Someone told. The outcome He may be put out of school, at least the dorms. Depending on the amount of drugs and/or his prior record, the judge may sentence him to a period of probation.
    Answer Applies to: Georgia
    Replied: 9/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The mandatory minimum penalty for possession less than 40 grams of marijuana is one day in jail. However there is much more to lose in store for your friend. If convicted, he will lose financial aid. He may be excluded from some security clearances. Although he can later get the conviction vacated, his disability vis a vis financial aid may remain. He may have a valid search issue however. If the police lacked a warrant, there may be a basis for the evidence to be suppressed. He will need a good attorney to review the police report and devise a defense strategy.
    Answer Applies to: Washington
    Replied: 9/27/2012
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