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What does it mean when you get a citation for possession of marijuana?

Gaylord, MI |

i got a citation for possession of marijuana on the 30th. it said to bring to court within ten days of the ticket. my question is will there be jail time or will i just have to pay a fine? this is the first time ever receiving a citation instead of going to jail for it.

Attorney Answers 4

  1. If all that you received was a citation, then, absent some other unusual circumstances, you are not looking at jail time.

  2. First things first: stop smoking marijuana and hire an experienced criminal defense attorney. Your attorney can possibly get the arraignment (when an initial plea of guilty or not guilty is entered) waived, so that's one day you may not have to show up in court. Your attorney can defend the case if there were any issues with search and seizure, probable cause and/or a variety of factors that may impact your case. If there is no viable defense, or even if there is, your lawyer can quite possibly work out a plea deal whereas, even if you do enter a plea of guilty, this matter may be kept off your record via a diversion program (see MCL 333.7411 or the Holmes Youthful Training Act, of which you may qualify for one or the other). You are charged with a misdemeanor so you must show up in court. You can't just pay the ticket, nor do you want to. A criminal record will impact your life moving forward, so you need to take this matter very seriously. If you can't afford an attorney, have the court appoint one for you.

  3. If, when you use the word "citation," you mean a ticket, that means that the case will be referred to the prosecuting agency to determine if charges will be filed. The ticket does not commence the case. If the prosecutor wants to proceed with the case, a complaint will be issued and the court will then open a file. At that point you will be sent a notice to appear for an arraignment. That is how things work in Michigan.

  4. Well it means that you have been charged with a criminal offense that could result in a conviction and a permanent record. A good attorney could either try to fight the matter or work out some sort of deal. A deal could even include you ending up with no record.

    Michael Breczinski
    5005 Lapeer Road
    Burton, MI 48509

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