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I was charged with possession of marijuana and paraphernalia in a county I don't live in. How can I get it off my record?

Lexington, KY |

I live in fayette county and was in the Red River Gorge when pulled over at a checkpoint and asked if I had anything illegal in the car. At first I said no, then the officers said they would get their dog out of their car if they had to (I believe there was no dog in their vehicle). I voluntarily gave up a very small amount of marijuana and a glass pipe with marijuana residue on the pipe. I'm due to go to court in Wolfe County. This is a first offense and nothing has happened like this before. I work at a hospital as well. How do I go about court? Am I in risk of jail time? Will it stay on my record forever?

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Attorney answers 5


Whether you live in that county is irrelevant to getting the charges off your record. However,relatively new legislation involving drug possession could help. In addition, it sounds as though you probably have a good suppression issue (a pretrial motion to exclude evidence at trial - hence, the case would have to be dismissed). For this reason, you should find competent counsel to litigate that issue.


Any individual facing a marijuana offense should retain an experienced attorney, or seek appointment of the public defender, if unable to retain an attorney. Without an attorney, many defendants simply plead guilty to misdemeanor marijuana offenses, which in most cases will indeed lead to a permanent criminal record. Such convictions can cause loss of employment opportunities, lead to denial of federal student aid, and have other consequences. An attorney can confidentially review the facts of an individual case, and depending on the facts, may be able to successfully fight the case and prevent a conviction. An attorney can also pursue settlement options to avoid a conviction. Settlement options vary by state and jurisdiction, but it is often possible to avoid a permanent conviction, especially for a first-time marijuana offender. Any individual facing a criminal case should retain an attorney, and this advice is no different for a marijuana offense.

The author provides answers on this site based on hypothetical questions and fact patterns. The answers provided are for general educational and informational purposes only, and they do not constitute legal advice, which would require a personal consultation and representation agreement. Questions and answers on this site do not create an attorney-client relationship, and the communications are not privileged. Any citizen with a legal issue should consult personally with an attorney and should rely only on legal advice provided in a formal attorney-client relationship.


You need to retain an experienced criminal defense lawyer immediately. Since you have no record he possibly can get you into a diversion program. If you are admitted into a diversion program the case can be dismissed on completion and expunged 60 days later. Different counties have different lengths of time to complete their programs. If you do not get into a diversion program and instead plead guilty to the charges you will be eligible to have your record expunged if you meet the criteria 5years after completion of any probation which in this case may be 2 years.


Hire a criminal defense attorney to represent you.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


In general, a class A misdemeanor like paraphernalia have possible consequences of up to a $500 fine and up to 12 months in jail. Possession charge usually are class B misdemeanors with maximum penalties of up to $250 fine and up to 90 days in jail. In Kentucky diversion programs are usually available in order to get an expungement of a person's record later. It is best to contact a criminal defense attorney as soon as possible in this situation.

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