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I cant afford a attorney what would be the way to plea for a possesion charge of less than a ounce?

Dacula, GA |

I was with some friends in my friends car in a field soon a cop pulls up and they threw me a bag of marijunana in my lap cause the cop couldnt see my side of the car and told me to throw it out. which i did they cop found the bag and i got the charge it wasnt mine and was never in my possesion until i threw it out. I talked to the marshal and try to explain it to him and he said plege nolo and it doesnt got on your record. ive never been in trouble for this and im not sure what i should ask the court to do. i just want it off my record will a diversion, conditional discharge, or georgia first offender help me the most? I know who weed it was but they never spoke up should i plea not guilty?

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Attorney answers 4

Posted

Depending on your age, a conviction could result in consequences to your license. If you can speak to the prosecutor (without admitting anything) and convince them to allow you to do a pretrial diversion, that is usually the way to go. You could also do a first offender plea; however, burning your first offender is a large decision, and usually reserved for felony charges unless you are absolutely positive you will never get in trouble again.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

Asker

Posted

This is the only charge i have ever gotten and i have never got a ticket also i just 19. C

Asker

Posted

can a first offender be taken off my record?

Robert M. Gardner Jr.

Robert M. Gardner Jr.

Posted

The first offender will allow you not to show a conviction, but will not take the arrest off your record. Also, since you are 19, my understanding is that a plea would result in a 6 month revocation of your license. Try for pretrial diversion first, as that would not go down as a plea at all. The arrest will still show, but not a conviction.

Posted

If you truly can't afford to hire a criminal defense attorney, you should apply for a public defender. If you believe that you have a reasonable defense to the charge against you, then you shouldn't plead guilty. However, if you believe risking a trial or possible dismissal of the charge is too great a risk to run, and/or if you know that you are guilty and you are likely to be convicted, then you may be better off trying to get conditional discharge for the MJ possession. Assuming you were to plead under that, and successfully complete the terms of the sentence, you would have no conviction, but whether you could then try to get your record expunged would be dependent on whether the current (or new -- July 2013) expungement statute may be applicable. Good luck.

Asker

Posted

Do i contact the court for a public defender?

Daniel Ellis Rice

Daniel Ellis Rice

Posted

You can contact the court clerk's office and they should hopefully be able to give you the contact info for the public defender's office. I also agree with the other attorney re: the possibility of pre-trial diversion, which may be a better way to go than conditional discharge or first offender, because then you may not have to plead to anything.

Posted

If you cannot afford to retain counsel, apply for a public defender, and follow their advice. They will spell out all options for you under the circumstances.

Posted

Why plea guilty? It may be that you have a defendable case.

You "talked to the Marshal"? That was your first mistake. Stop talking to the police, stop trying to "explain" anything, and certainly stop taking legal advice from the people who are trying to hang a conviction around your neck.

You CAN afford an attorney. If you have the free time to sit out in a field with your pot-smoking friends, then you have the time to get a job, hire an attorney, and fight for your rights. You aren't helpless.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

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