You may be able to enter a diversion program and have this charged dismissed, seeing that you have no prior offenses. After the case is dismissed, you can have it expunged through your attorney. If a diversion program isn't available, your attorney may still be able to enter into a deal with the prosecutor which involves community service and taking random drug screens. I would recommend searching for a local attorney in the 'find a lawyer' section on avvo.
First, I practice in Ohio, so I may not be able to answer all of these questions for you. Regardless, you definitely need a local, experience criminal defense attorney in your area with a good reputation with the court and community. You seem to have a lot going for you, so you also have quite a bit to lose. Some of these charges - as minor as they may seem - carry serious collateral consequences that may effect employment opportunities, student funding, the right to carry a firearm, driver's license suspensions, etc.
So, it is important that you find competent local counsel that can protect you and your constitutional rights throughout this process. In terms of cost, do not be afraid to shop around. Call different offices and check on retainers and costs per hour; but remember, sometimes you get what you pay for and don't skimp on representation just to find a cheaper way out.
Once you have found that attorney, you can sit down and have a long conversation to answer all of those questions that you have in depth and with an eye on your court's local customs, the prosecutor's stance on certain charges, and the likelihood of success under your specific circumstances.
Lastly, you have the fifth amendment right to remain silent - exercise it. Do not speak about this with anyone other than your lawyer. I would even go so far as taking down this post. It is a public forum and a prosecutor could use it against you.
I know this doesn't answer all of your questions, but I hope it points in a direction where you can get those answers.
All the best and good luck,
Adam C. Stone,
Attorney and Counselor at Law, Ltd.
840 So. Sandusky Avenue
Bucyrus, OH 44820
Telephone: (419) 562-2110
Facsimile: (419) 562-1660
Nothing contained in this message is to be construed as legal advice. Rather, the general information provided herein is based upon counsel's past experiences as a criminal defense attorney and are not necessarily specific to the facts and circumstances of this matter. Nor does any post by Attorney Stone constitute or otherwise create an attorney-client relationship. For more information on Attorney Stone: www.adamstonelawfirm.com
Get an attorney to help you with a 90-96. After a little community service and probation, you can have the charges dismissed. After the charges are dismissed, you can hire an attorney to expunge the charges. I don't know how much an attorney charges in your area, but don't save money on legal representation . . . hire the attorney who seems to know the most.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.
As a first offender you have a lot of good options available to resolve your case in a way that will lead to a dismissal which can later be expunged. I practice in Wake County and would be happy to speak with you about your case. You can contact me through avvo.com if you'd like a free consultation.
Raleigh criminal defense lawyer Wiley Nickel defends people charged with crimes in Wake County, North Carolina. The Law Offices of Wiley Nickel, PLLC serves clients in Raleigh, Cary, Morrisville & Apex. The information provided on avvo.com is for educational purposes only and is not intended to form a client/lawyer relationship. The responses posted on this site should not be relied upon as the specific facts may change the potential advice. Consult with a licensed Raleigh criminal attorney or Wake County speeding ticket lawyer in your area about your legal questions or problems. For a free consultation about a Wake County, NC case call our office any time at (919) 585-1486.
You do not need an attorney to sign up for the 90-96 deferral - just go to court and tell them that you want to get the charges dismissed. 90-96 is basically this: your case is continued for one calendar year ... during that year, you need to (1) pay court costs which are currently $180 and climbing, (2) pay the program fee ($250), (3) do 16 hours of drug classes, and (4) stay out of criminal trouble. If you do that, your case is dismissed and you are eligible to expunge the charge.
If you can't wait a year to get this case dismissed, or you just want to see what other options might be out there, call a good lawyer.
Criminal defense Criminal charges Misdemeanor crime Possession of a controlled substance Marijuana laws and criminal charges The 5th amendment and criminal defense Defenses for criminal charges Court-ordered community service for criminal conviction Criminal record Probation for criminal conviction Employment Constitutional law Government law