Will I get jail time for less than .2 of marijuana and paraphernalia with residue in it and what is my best option? 17 Answers as of November 20, 2012

There are first offenders program for my county that I can try for but what are my chances of getting into it or what other options do I have? I'm 22 with no other arrests or convictions.

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

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Retain an attorney, who can look at your dependency issues, school or productivity issues and work out a dismissal or conditional discharge or drug rehab. Now is not the time to shop for discounted legal information.
Answer Applies to: Georgia
Replied: 11/20/2012
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
You need to hire an attorney to represent you to keep this off your record. With no prior convictions, if the amount of marijuana is less than 35 grams, then (depending on which county this is in), your attorney can probably get it reduced to a charge of "Littering." Call some criminal defense attorneys who handle marijuana cases and get some price quotes for what they will charge to represent you.
Answer Applies to: Missouri
Replied: 11/12/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You want to get into the first offenders program. A drug conviction can follow you for the rest of your life.
Answer Applies to: Michigan
Replied: 11/9/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
You are probably looking at a misdemeanor charge promoting (possession) a detrimental drug and paraphernalia. That carries a maximum sentence of one year in jail. You will not likely get sentenced to jail. There are some legal mechanisms (which you mention in your question) that will allow you to keep this conviction off your record. This is a significant opportunity you should not pass up. You will need a lawyer to have the best chance to keep the conviction off your record and know all the rights and problems with this course of action. This is one of my areas of practice and I can help you with this case if you desire. I hope this helps you sort your legal situation out.
Answer Applies to: Hawaii
Replied: 11/6/2012
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
In Colorado, possession of less than one ounce of Marijuana is a decriminalized petty offense with a one hundred dollar fine.
Answer Applies to: Colorado
Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a lawyer and get this relatively minor charge dismissed.
    Answer Applies to: California
    Replied: 11/6/2012
    Deaver & Deaver, PLLC | Benjamin W. Deaver
    Based on what you wrote. More than likely you will not get jail time. Look at NCGS 90-96. It is a type of deferment for 1st time drug offenders.
    Answer Applies to: North Carolina
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Your best option is to hire an attorney who can review the facts of your case and determine your best course of action.
    Answer Applies to: Washington
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    In New York it is an automatic ACD dismissal with no criminal record if it is under 28 grams. In other jurisdictions you may have to get a diversion program, go to counseling, or plead to a violation.
    Answer Applies to: New York
    Replied: 11/6/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You will likely be eligible for a diversion program. In California, possession of less than one ounce of marijuana is punished as an infraction UNLESS there are reasons to believe you are selling to other individuals. This can be inferred by possessing scales or if the marijuana is separated into bindles or baggies for example. Possession for sale of marijuana (any amount) is a felony in California.
    Answer Applies to: California
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Unless you get diversion. If not you will do a minimum of two days.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If you have no prior record, jail time for this offense is unlikely. Your bigger concern is the effect of such a conviction in your future. If you qualify for a first-offender program that will keep this off your record, take advantage of it.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You will probably be eligible for the Conditional Discharge program since you have had no prior arrests.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A conviction suspends your driver's license for two years. Take the first offender program, but know exactly what the punishment will be beforehand. The other option is to take the case to trial.
    Answer Applies to: Florida
    Replied: 11/6/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Where I practice that does not sound like a jail case, especially with no priors, but you need to consult a good lawyer familiar with all the facts of your case.
    Answer Applies to: Pennsylvania
    Replied: 11/6/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You should contact an attorney in your county and go over your options. Without knowing where you are located it is hard to answer more fully.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to hire an attorney to get you some real help. A conviction will remain on your record for a long time and that is what needs to be avoided.
    Answer Applies to: Nebraska
    Replied: 11/6/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney