Is it better to plead guilty or no contest in a court of law that involves a marijuana possession charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it better to plead guilty or no contest in a court of law that involves a marijuana possession charge?
I was given a possession charge a couple of days ago and i was wondering whether it was better to plea no contest or guilty. I am also wondering if there is a way to get this off of my record and also if there is a way to stay off of probation or diversion?
Asked on February 13, 2012 under Criminal Law, Nebraska
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
First, no contest and guilty are pretty much the same plea (guilty). Usually, a person will enter a no contest plea so that his admission cannot be used in later civil suit.
Probation and the type is up to the judge. Usually, you want bench probation so you do not have to pay and check in with a probation officer.
As far as getting it off your record. I assume you are asking when can you get your record expunged. Depending on your record and your state, the minimum requirements can be different. Usually, if you do not get in trouble for three years after you are sentenced, you can file a petition to expunge your record.
That said, depending on your record, the prosecutor may allow for a plea that is held in abeyance for a period of time. If you do all that is required by the court, the court can dismiss it on a motion after you successfully complete probation.
Hope this helps.
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.