You need to contact a competent criminal defense attorney to represent you. The speeding provided the legal right for the police to pull you over; the "plain smell" of the marijuana provide further probable cause and lastly your admission to a crime sealed the deal.
I expanded your post so some avvo criminal defense lawyers who practice in NH might respond. Get counsel.
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..
I agree that you need to contact a criminal defense lawyer right away. The issue is not what the sentence will be but whether you will be convicted and have a drug record. Among other things, a conviction for this, even with a $10 fine will mean you get no federal financial aid.
A drug conviction may keep you from being considered for employment in jobs you want.
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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
In New Hampshire, Possession of a Controlled Drug is a Class A or Class B misdemeanor depending on how the prosecution charges you.
A Class A Misdemeanor is punishable up to 12 months in jail and or a $2,000 fine plus 24% penalty assessment. A Class B Misdemeanor is punishable up to $1,200 fine plus 24% penalty assessment.
You are also facing a possible loss of license of 90 days up to 6 months through the court with a minimum fine of $350 plus 24% penalty assessment if found guilty or if you plead guilty.
You should contact a local NH criminal defense attorney to represent you in your case.
Criminal defense Criminal charges Misdemeanor crime Possession of a controlled substance Marijuana laws and criminal charges Miranda rights and criminal defense Probable cause and criminal defense Defenses for criminal charges Criminal arrest Criminal sentencing Criminal record Employment Speeding tickets Traffic stops Vehicle searches