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Do I need a lawyer for a first time marijuana possession charge?

Asked over 3 years ago - Silver Spring, MD

I was riding in a car with someone and they ran a red light. When the officers came to search the car, I was found with marijuana. I was charged with possession of marijuana and possession of paraphernalia. It is my first offense, I have no other charges criminal or civil, pending and I do not partake in drug use meaning that if I were to be tested, the test would come back clean for all substances.
A week ago, I was sent a letter from the drug rehabilitation program saying that the states attorney would drop my charges if I completed the program. Do I still need a lawyer when I go to court?

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Attorney answers (2)

Michael S Rothman

Reputation Level 4

Answered about 2 years ago. Criminal Defense Attorney in Rockville, MD.

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The Montgomery County State's Attorney's Office uses these sessions to expose people with minor paraphernalia, possession of CDS and possession of alcohol charges to the idea of going to IPSA [intervention program for substance abuse] or the County-run ACS program so that trial dates are not glutted with people signing up on the trial date. There will be no judge in court or even available if it's on a Wednesday.

Attorneys can attend, and may be useful if there is any doubt about whether client qualifies for programs being offered. If client wants IPSA or ACS, they can sign paperwork and then go to court later for the stet or nol-pros that goes with the deal. 6 months stet on paraphernalia cases is standard. Nolle if successful, expunge later.

As you describe it, however, it is doubtful that you should have been arrested in the first place. Whether you want to complete a program for an arrest that may have been illegal is one of the questions that only you can answer.

Please call me if you need more help.

Best,

Mike Rothman

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Christopher Allan Doerfler

Reputation Level 11

Answered over 2 years ago. Criminal Defense Attorney in La Crosse, WI.

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As a general rule, if you have criminal charges you should get a lawyer. Just from what you tell me in your question I wonder if there is a suppression issue. That said, most states have first time offender deals like you are describing that let you jump through hoops and keep your record clean, and while I would still want you to have a lawyer to explain all the ramifications, this is the scenario where you are in the least danger going it alone.

Chris

BadgerLawyer

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