I got pulled over, cop smelled marijuana, and he said he wouldn't arrest me if I cooperated with him. So e asked me if I had marijuana and I said yeah. So I gave it to him. It was like a gram or 2. And I got cited. My question is if it's possible for me to get a diversion since it's my first offense. And would it be possible for the court to charge me with DUI also even though it wasn't on my ticket?
DUI / DWI Attorney
The prosecutor can always change / add charges if they can be proven, regardless of what the officer cited. That office has ultimate charging discretion.
Depending on the court, diversion may be an option for you. However, there may be even better options available, depending on the strength of the case and the defense.
Call a lawyer right away, don't wait until you appear in court; you want to be prepared prior to seeing a judge for the first time.
Criminal Defense Attorney
There are so many other issues concerning a possession of marijuana charge, such as if you are under the age of 21, you will also lose your driveers license and any drug conviction can result in denial of federal student loans.
The sentencing range is 1-90 days in jail and $250-$1,000 fine, plus up to two years probation and the possibility of drug treatment. You need to retain an experienced criminal else attorney to examine all of your legal defenses and options.
3 lawyers agree
Criminal Defense Attorney
As you have learned, the Officers do not necessarily have to be straight with you. The reports will be forwarded the the Kitsap County Prosecutor (or the Bremerton City Attorney) and they will most likely charge you with a crime.
The Courts in Kitsap do have options that allow you to resolve the case in a way that usually will result in a dismissal. You may have to jump through some hoops, but you should be fine in the long run.
I would not stress about the potential DUI. If the Officer did not do field sobriety tests or draw blood, that would be a very flippant and over confidant prosecutor to charge you with DUI.
Best advice - contact a good criminal defense attorney in that area.
Speeding / Traffic Ticket Lawyer
Cooperating with the officer hardly ever gets you anywhere. It is unlikely that he would have taken the time to book into jail on a Possession of Marijuana charge even if you did not give him the confession he sought. I don't say this to chastise you, but rather I'm hoping that anyone else that reads this will exercise their right to remain silent and right to an attorney when confronted by the police.
With a first time POM you are probably eligible for a number of alternative dispositions depending on the court you are in. You also may have defenses based on the stop, evidentiary issues or other actions taken by the police. You need to have an attorney look over all of the evidence before you make any decision about the best course of action.
It is possible for you to be charged with DUI. However the officer would have to have some type of evidence that you were under the influence to the point where it affected your ability to drive. If you were ticketed at the scene it is unlikely that he took the time to document anything too damaging. If the only evidence of drug use for the DUI is admission to smoking and possession of marijuana it should be a very easy case to defend.
A diversion (or other alternative disposition) can have license consequences if you are a minor. You should discuss these potential penalties with your attorney as well.
The simple answer to your question is "yes." Whether that is actually the way to go can only be determined after full investigation of the case.
1 lawyer agrees