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  1. #1
    queenphina is offline Junior Member
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    1st Citation in AZ for possession of marijuana, paraphernalia

    I'm a just-turned-21 female that was stopped by Highway Patrol in AZ while returning home from a trip in CA/NV. I am a TX resident. Myself and my boyfriend were stopped and issued citations for possession of marijuana and paraphernalia on I-40 eastbound roughly 3 weeks ago. Of course, I'm thrilled the officer was understanding enough to issue these and send us on our way, as being stuck in AZ would be alot stressful. But I am in the heath field, and a drug charge on my record would be damaging for my future. My court date is set for the end of the month, and I'm not sure what to expect. My boyfriend consented to knowledge of 4-5 roaches in our ashtray, and I didn't have knowledge of anything. I'm nervous on what to plead, because I feel that, although they were found in my vehicle, they weren't mine - I had tons of family, friends and acquaintences in and out of my vehicle since CA and NV! This wasn't mentioned to the officer because I was trying to be complient, but now I'm regretting it. What do I plead, and is there any way to keep this off my record? This is my first offense and clean record regardless. Also, what amount of fines should I expect? ANY INFORMATION IS EXTREMELY HELPFUL!!!!What is the name of your state (only U.S. law)?
  2. #2
    Cali408nia is offline Member
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    Quote Originally Posted by queenphina View Post
    I'm a just-turned-21 female that was stopped by Highway Patrol in AZ while returning home from a trip in CA/NV. I am a TX resident. Myself and my boyfriend were stopped and issued citations for possession of marijuana and paraphernalia on I-40 eastbound roughly 3 weeks ago. Of course, I'm thrilled the officer was understanding enough to issue these and send us on our way, as being stuck in AZ would be alot stressful. But I am in the heath field, and a drug charge on my record would be damaging for my future. My court date is set for the end of the month, and I'm not sure what to expect. My boyfriend consented to knowledge of 4-5 roaches in our ashtray, and I didn't have knowledge of anything. I'm nervous on what to plead, because I feel that, although they were found in my vehicle, they weren't mine - I had tons of family, friends and acquaintences in and out of my vehicle since CA and NV! This wasn't mentioned to the officer because I was trying to be complient, but now I'm regretting it. What do I plead, and is there any way to keep this off my record? This is my first offense and clean record regardless. Also, what amount of fines should I expect? ANY INFORMATION IS EXTREMELY HELPFUL!!!!What is the name of your state (only U.S. law)?
    The fact that you were unaware is probably irrelevant. The charge is for possession, and although it might not have been on your person, you were probably in constructive possession of it. The officer smelled it enough when he pulled you over to get your BF to confess, so why wouldn't you be able to smell it and know it was there? The judge is going to have a hard time believing you were unaware based on the logic shown above.

    Being a first time offender should help you out but I don't see that the law in AZ would allow it to be dismissed, just that probation would be offered. Source: http://norml.org/laws/az
    On this attorney website they say that it will be dismissed if you complete the TASC program and produce clean urine samples http://www.azblumberglaw.com/Practic...g-Offenses.asp
  3. #3
    queenphina is offline Junior Member
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    yeah, all i was asking is what to expect and what i need to plead. i'm not arguing the fact that it was found in the vehicle - anything prior to that is irrelevant.

    let me clarify - since this is a first time offense, is probation what i should expect, and how does that work when you are an out of state resident? also, how do you expunge your record, because sources have been mentioning that but i don't have any familiarity with it. thanks.
  4. #4
    decybell is offline Junior Member
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    How did it turn out??

    Quote Originally Posted by queenphina View Post
    yeah, all i was asking is what to expect and what i need to plead. i'm not arguing the fact that it was found in the vehicle - anything prior to that is irrelevant.

    let me clarify - since this is a first time offense, is probation what i should expect, and how does that work when you are an out of state resident? also, how do you expunge your record, because sources have been mentioning that but i don't have any familiarity with it. thanks.
    Hi Queen,

    Please tell me how it all turned out! I have a friend that about to go through this exact same thing.... Thanks!
  5. #5
    The Occultist is offline Senior Member
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    AZ would not dismiss it. Normally, AZ is quite lenient as far as offering an extremely light probation (including some fees as well as attending a drug class) for the first-time offender of such a crime. However, the fact that the OP is not a resident of the state may cause some issues. I, unfortunately, am not able to offer any insight to such a situation.

    decybell, if you start your own thread and include your details (along with state the situation occurred in and whether you are a resident of said state) you may find some insightful responses.
  6. #6
    ERAUPIKE is offline Senior Member
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    Quote Originally Posted by queenphina View Post
    I'm a just-turned-21 female that was stopped by Highway Patrol in AZ while returning home from a trip in CA/NV.
    This happens alot.

    Quote Originally Posted by queenphina View Post
    I am a TX resident.
    Not really relevant.

    Quote Originally Posted by queenphina View Post
    Myself and my boyfriend were stopped and issued citations for possession of marijuana and paraphernalia on I-40 eastbound roughly 3 weeks ago.
    So you have a court date coming up.

    Quote Originally Posted by queenphina View Post
    Of course, I'm thrilled the officer was understanding enough to issue these and send us on our way, as being stuck in AZ would be alot stressful.
    That was nice of him. You must have been honest and cooperative.

    Quote Originally Posted by queenphina View Post
    But I am in the heath field, and a drug charge on my record would be damaging for my future.
    Yes, then you know you shouldn't have been doing drugs.

    Quote Originally Posted by queenphina View Post
    My court date is set for the end of the month, and I'm not sure what to expect.
    You should hire an attorney.

    Quote Originally Posted by queenphina View Post
    My boyfriend consented to knowledge of 4-5 roaches in our ashtray, and I didn't have knowledge of anything.
    Now you are being dishonest, I don't believe you and neither will the court.

    Quote Originally Posted by queenphina View Post
    I'm nervous on what to plead, because I feel that, although they were found in my vehicle, they weren't mine -
    You weren't charged with ownership. You were charged with possession.

    Quote Originally Posted by queenphina View Post
    I had tons of family, friends and acquaintences in and out of my vehicle since CA and NV!
    You didn't notice the distinct odor of marijuana after they apparently blazed up in your car.

    Quote Originally Posted by queenphina View Post
    This wasn't mentioned to the officer because I was trying to be complient, but now I'm regretting it.
    You were let go because of this, would you prefer to be in jail instead.

    Quote Originally Posted by queenphina View Post
    What do I plead, and is there any way to keep this off my record?
    This is a question for your attorney. You need one.

    Quote Originally Posted by queenphina View Post
    This is my first offense and clean record regardless. Also, what amount of fines should I expect?
    The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation. Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000
  7. #7
    The Occultist is offline Senior Member
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    Quote Originally Posted by ERAUPIKE View Post
    Not really relevant.
    Yes it is. AZ is lenient on its own residents by way of probation, but probation will likely not be offered to somebody residing in another state that was passing through. Certainly is irrelevant to the charges, but it may come into play during sentencing.
  8. #8
    ERAUPIKE is offline Senior Member
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    Quote Originally Posted by The Occultist View Post
    Yes it is. AZ is lenient on its own residents by way of probation, but probation will likely not be offered to somebody residing in another state that was passing through. Certainly is irrelevant to the charges, but it may come into play during sentencing.
    So, it is subjectively relevant. My mistake
  9. #9
    The Occultist is offline Senior Member
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    Right!

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