i was going to the army but my friend thought we should a one last part night and end up being the night that ruined that dream i was caught with 0.4 grams of marijuana,is it possible to get dismissed and get my life back?
If this is your first time that you find yourself in trouble, you could possibly avoid a conviction on your record, particularly if you were planning to go into any branch of the armed forces. To this end, you should retain an experienced criminal defense attorney who practices primarily in the area where you were arrested so that he or she can get started as soon as possible. Many District Attorneys across Louisiana offer "diversion" programs to first time offenders. These programs work much like being on probation for an amount of time. But, these programs allow the first time offender to avoid having a conviction. Further, once you have sucessfully completed diversion, you can expunge the entire matter from your record.
It is usually much easier to get into a case into diversion at the initial stages of the prosecution. So, while it's not necessarily fatal if some time has already passed since your arrest, you should nonetheless hire counsel quickly so that he or she can start working on this now.
You could also have a basis to suppress the evidence, and, in turn, have the matter dismissed. However, these motions are rarely successful; and, after you have litigated a motion to suppress, many District Attorneys will no longer offer things like diversion. This course of action should be discussed with your attorney before making any decision. But, diversion thwarts any and all risk of you having a conviction, and, as such, it's usually a "no brainer," unless you have a slam dunk motion to suppress the evidence.
If everything fails and you can't get diversion or suppress the evidence, you could always seek an Art. 894 plea. After you have successfully completed your probation in connection with an Art. 894 plea, you can go back into court and have the conviction set aside and the case dismissed. Then, you can expunge the arrest and conviction from your record. But, you should know that, even though the conviction has been set aside and the case expunged, it still can be used for enhancement purposes should you ever be arrested for possession of marijuana again (i.e.- a felony for a 2nd offense), and the conviction will still appear in some law enforcement data bases.
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