If I was arrested last month for a marijuana possession charge but had no idea it was in the car, what shouldI do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was arrested last month for a marijuana possession charge but had no idea it was in the car, what shouldI do?
Asked on July 10, 2011 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A possession charge is a criminal offense. Consequently you should have legal representation. A skilled experienced criminal law attorney might be able to get the charge dismissed on a technicality or at least get it reduced. They may also be able to win an acquittal at rial if it comes down to that. Additionally, if you are a first-time offender, a defense lawyer may also be able to arrange for "diversion" ( or TX's equivalent) which is an alternative sentencing program. With diversion the defendant pleads guilty to the charge, receives probation, and upon its successful completion the charge is withdrawn and the case dismissed. Your record should be automatically cleared (i.e. "expunged").
Note: Diversion is only allowed for a first offense. This means that if you get into trouble again, it will not be available for you regarding any future charge(s). That's why if you get an attorney and the get the your case dismissed, you will be eligible for diversion if you should ever need it again.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.