What will happen if I was caught with marijuana? 36 Answers as of April 26, 2011

I got caught with weed and paraphenilia at school. What will happen? Will I be drug tested at court?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Possession of less than an ounce of marijuana within 1000 feet of a school is a class C misdemeanor, punishable by up to 30-days in jail and a fine. Most likely, someone convicted of this charge will be placed on probation and may very well be drug tested.
Answer Applies to: Oregon
Replied: 4/26/2011
Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
It all depends on the facts - the amount of marijuana being the most important. You need to talk to an attorney about your options as soon as possible.
Answer Applies to: North Carolina
Replied: 4/26/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If it was a small amount it will be a Class A misdemeanor. If this is your first offense, you will likely receive probation. A condition of probation may be ongoing, random drug tests. If you fail a drug test, you risk having your probation revoked. You should probably contact an attorney. If you are under 18, the attorney may need to have your parents involved since you cannot sign contracts. Good luck!
Answer Applies to: Missouri
Replied: 4/21/2011
Law Office of Neal L. Weinstein
Law Office of Neal L. Weinstein | Neal L. Weinstein
You will probably not be drug tested anywhere, but certainly not in court. You will have to pay a fine for small amounts of pot, and you may face suspension from school.
Answer Applies to: Maine
Replied: 4/20/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You could be charged with possession of marijuana if the substance contains the active ingredient which is prohibited to possess, THC. The substance will probably be sent to a lab to be tested before you are charged. The amount you possess determines whether the charge will be a misdemeanor or a felony. The court can order drug testing at any time. Marijuana use will usually be detectable up to 45 days after use, depending upon specific circumstances.
Answer Applies to: Kansas
Replied: 4/19/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    First, of course they will drug test you at Court for a drug charge. Secondly, they are going to send you to teen drug court in all likelihood if this is your first arrest. You have to complete a program that they give you if you decide not to contest your case, the program will involve random drug testing and other drug education type things. If you live in the Tampa Bay area and need an attorney, have your parents contact me to speak with me further. Thanks and good luck.
    Answer Applies to: Florida
    Replied: 4/18/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You could be charged with possession for sale of a controlled substance at school. What will happen will depend on you, your record, your attorney your DA and your judge. This could be a felony or a misdemeanor. You could end up with possession or jail or diversion and probation. Get an attorney!
    Answer Applies to: California
    Replied: 4/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you are a first time offender, and the amount of weed in your possession was small, you probably will be offered drug school or supervision, or "710 Probation". which is an expungible sentence. What penalties the school may impose are varied, from suspension to expulsion, but that is an area of the law I am not familiar with. If you are under 17, and charged with a juvenile violation, you will get some probation/supervision. I doubt you will be tested, but would advise you that if you are using drugs, you'd better cut it out immediately.
    Answer Applies to: Illinois
    Replied: 4/18/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Possession of marihuana can be felony or misdemeanor possession. Felony possession is where the marihuana is possessed with the intent to distribute, or if you have a previous possession of marijuana conviction. The punishment for felony possession of marihuana can be up to ten (10) years in the state prison, a fine of up to $15,000, and loss of driving privilege. Misdemeanor possession is where the marihuana is for personal use and you do not have a previous conviction. The punishment can be different depending on which court you must appear before. In Municipal Court the punishment can be up to 180 days to serve in the Metro jail (or municipal jail) and a fine of $500.00, in addition your driving privileges are suspended. In District or Juvenile Court, the punishment can be up to one (1) year to serve in the Metro jail (or county jail) a fine of up to $6,000, and loss of driving privileges. In Juvenile Court you could be committed toState school. As this arrest appears to have happened on school property, it is very likely any court would impose a significant custodial sentence (jail time). You would be subject to drug testing when you appear in Court. Testing positive for any controlled substance would and could cause the punishment to be more severe. Marihuana can stay in your system for up to 90 days and a hair folicle test can show a history of marihuana for up to six months. You will also likely be subject to expulsion or some other disciplinary punishment from the school board.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You will be charged with one or two misdemeanors. Drug testing would be a certainty with any plea on the existing charges. Best idea is to hire a skilled local defense attorney to assist you.
    Answer Applies to: Michigan
    Replied: 4/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further details such as how much marijuana and whether you have a prior record. If you get a court date you will get a copy of the charges. You most likely will not be tested at school but it is possible. You should hire an attorney.
    Answer Applies to: New York
    Replied: 4/18/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If by caught, you mean you were charged with a crime[s], then . When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 4/18/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This would depend upon who you were caught by. If your school caught you (and is a private institution) then it might be possible that they would agree to handle the disciplinary matter internally. If you were caught by the police and formally charged with possession then you are advised to hire a defense attorney to work with you on the case. As a general rule, simple possession of marijuana is treated as a misdemeanor in Louisiana. It carries maximum jail time of 6 months and fines of up to $500. It is very common, however, for charges and sentences to be reduced, suspended, or deferred through diversion programs such as community service, drug and alcohol counseling, and/or probation. These are all things that a defense attorney can help fight for on your behalf. If you are seeking representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 4/18/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    What will happen depends on several factors: the amount found, your prior arrest and conviction record, the quality of the attorney you hire, the validity of the search that produced the marijuana and on and on. Drug testing is the least of your worries. Jail and even prison are possible just on marijuana charges. Hire a good attorney to help you.
    Answer Applies to: Utah
    Replied: 4/18/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    You will be prosecuted for those crimes. The court will not drug test you, but given the circumstances you may qualify for a program that will lead to your dismissal. This depends on the county and some other variables. Give me a call and I can set you up with a free consultation and better explain your case to you with more particularity.
    Answer Applies to: North Carolina
    Replied: 4/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    I need to know your age before baing able to answer. If you are charged as a juvenile, then your case will be in juvenile Court. You may be eligible for a diversio program which would be a good way to resolve the case.

    If charged as an adult, you may be eligible for HYTA or 7411 treatment of the offense. This again would be a preferred way to handle the case.

    Alternatively, you could go to trial

    However your case is resolved, there is a reat liklihood that you will be tested and directed to participate in some type of counseling or treatment.

    You may contact my office to assist you in Court should your case be in Oakland, Macomb, or Wayne county. If so, an appointment can be set up by contacting me.

    Thank you again for your inquiry. I hope that this information was helpful.
    Answer Applies to: Michigan
    Replied: 4/17/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If you are a minor, you will go through juvenile court. You probably will be kicked out of school. You will go to court, and if found guilty of being a delinquent minor, you will get a fine, costs,probation and community service. If this is not your first offense, it could be worse.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    What happens depends on state law. It may also depend on amount of MJ. I am in NH and they will not test at court. You should contact a criminal defense attorney in area you were charged.
    Answer Applies to: New Hampshire
    Replied: 4/18/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Many judges will drug test you on the day of trial upon conviction or plea. There is a possibility that as a condition of your bailed release you could be drug tested, but that is much more rare. You should stop smoking until you are acquitted or complete your sentence and/or probation. Then roll another one. Just do it at home. Just kidding. Stop smoking; it is bad for your lungs. Although I read a recent editorial article in the Mobile Press Register that indicated marijuana has a plethora of medical uses including treating some cancers, not just the side effects such as nausea. Well... I glanced at the article and a friend who smokes told me about the details and benefits... Stay well.
    Answer Applies to: Alabama
    Replied: 4/17/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Under one once of marijuana is now an infraction carrying only a fine. You can also still get a diversion program to avoid a conviction but it is doubtful that it is worth the time given the low level offense possession is now.
    Answer Applies to: California
    Replied: 4/17/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    I assume you are a minor if you were at school (under 18). You probably will have to attend a drug program and it is likely they will test you for drugs from time to time.
    Answer Applies to: Colorado
    Replied: 4/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are The Goolsby Law Firm, LLC located in Augusta, GA. You need to retain a criminal attorney to help advise you not only as to the potential school tribunal hearing, but also the criminal case. Yes, it is possible that the court may order drug screening in this type of case, even though it might or might not be at the initial hearing.
    Answer Applies to: Georgia
    Replied: 4/17/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Most people have to pay a fine, court could put you on probation and require drug testing. First test is free, rest must not be positive for anything.
    Answer Applies to: Nebraska
    Replied: 4/17/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    You will notified about the court proceedings and will need an attorney. Nothing much will happen to you, but you will be require to be tested.
    Answer Applies to: Maryland
    Replied: 4/17/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, if you are charged with a crime, you will be scheduled for an arraignment. At the arraignment, the charges are read off, and te judge decides whether or not bail should be set. If bail is set an amount is determined. At that time, the prosecutor may ask for pretrial conditions, which could include drug testing. Depending on the court, whether you have an attorney, and the charges, you may be able to resolve the matter at the time of arraignment, or otherwise, you will receive a date to return to court.
    Answer Applies to: Massachusetts
    Replied: 4/17/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    If you are convicted of possession you will most likely be subjected to drug testing. Additionally, your driver's license will be suspended. If you are convicted of a felony (such as possession with the intent to distribute or possession of more than an ounce) you will lose your right to vote or have firearms. I strongly suggest that you hire a criminal defense attorney in your area.
    Answer Applies to: Georgia
    Replied: 4/17/2011
    Law Office of Gary Lazar
    Law Office of Gary Lazar | Gary Lazar
    Assuming you are in Michigan, the answer to every question like this is totally dependant on what court you are in, what judge you have, and what city attorney or prosecutor you have. In all likelihood, you WILL be drug tested the first day you go in front of the judge. If the judge asks you if you will test positive and you know you will, make sure you are honest with him/her or you will be in a lot more trouble. If you lie, you could be jailed for contempt of court. If this is your first drug offense and you have a good lawyer, he/she may be able to get you a 74-11. A 74-11 is available (but must be approved by the judge) only for a first drug offense. If you are granted 74-11 status, you will be put on probation and if you successfully complete probation without any violations (such as getting in any more trouble, testing positive for drugs), the conviction will not show up on your record. You can only get one of these in a lifetime, so if you think there is ANY chance of being in trouble for drugs again later on in your life and you are 21 or under, the best solution may be to have your lawyer try to get you HYTA (Holmes Youthful Training Act) status. HYTA status can only be granted once. Once you reach the age of 22, you are no longer eligible, so it is the better choice - if you have a choice. HYTA is much like 74-11 in that you will be placed on probation and if you successfully complete probation, the conviction will not show up on your record. There is one important thing to know if you are granted either of these opportunities. Although the conviction will not be on your PUBLIC record - a prospective employer won't be able to see it - any governmental agency WILL be able to see it, so if you want to be a policeman or join the military service or if you get another drug violation, it will show up.
    Answer Applies to: Michigan
    Replied: 4/17/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Good chance you will be suspended. School could try to expel you if you have a prior discipline record. Do not agree to any expulsion. Better to hire a lawyer to fight the expulsion; schools usually cave in to a lawyer's demands and work out an agreement to avoid that stigma on your record. We charge $1500 for the expulsion, which includes several hearings. Hopefully, it won't come to that, but be on guard.

    No you won't be tested at all. If you are a minor, you may get a notice to appear in Juvenile Court. One parent must attend. You can also bring a lawyer but you really don't need one. In Juvenile Court, the judge lets you take a drug education class to get the case dismissed. If you are over 18, you are in a different situation. If you plead guilty and pay the $300 fine (which they try to trick you into doing) you will get a notice from the DMV that your driver's license is suspended for one year. No exceptions and no chance for appeal. Better to hire a lawyer to represent you. It's a lot easier, saves you money and your license. We charge $500 flat fee.
    Answer Applies to: California
    Replied: 4/15/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can be charged with a crime. Did the police arrive? No you will not be drug tested at court but it would be a bad idea to arrive at court high.
    Answer Applies to: California
    Replied: 4/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have never had a marijuana case dismissed before and you have no felony record you will be given an ACD, or "Adjournment in Contemplation of Dismissal". After 6 months the case will be dismissed and you will have no record. You may have to attend a four hour course or do a few days of community service, but they will not test you or order drug court, treatment, or probation.
    Answer Applies to: New York
    Replied: 4/15/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    No, you won't be drug tested at court. But depending on how much you had on you, you could face substantial criminal penalties. You should talk to an attorney immediately.
    Answer Applies to: Oregon
    Replied: 4/15/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    No, you will not be drug tested at court. Possession of marijuana and possession of drug para., both carry a mandatory day in jail, a fine, and court ordered drug evaluation (you will be drug tested at that evaluation), both will impact your ability to get federal student loans for college, and your license may be suspended due to your age. An attorney can help prevent some if not all of these consequences. Please feel free to give me a call to discuss your options. All consultations are free.
    Answer Applies to: Washington
    Replied: 4/15/2011
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