1st time....HELP

[ashby77]

What is the name of your state? happened in Utah

There were 3 people camping. 2 of the 3 received a ticket for possession of a controlled substance....why only 2 and not all three of them? This was their FIRST time with marijuanna and of course were caught. Very small amout at that.

Hearing all different kinds of information from a variety of different lawyers; just wanting to get some answers and opinions!

Would a plea of abeyance be a good thing? Will it be entirely erased from their records?
What is a diversion that I have been reading about?

Any information and/or advice would be great.
Thank you!

 

[monroe00]

What is abeyance?

 

[Fl_renter]

What is abeyance?

In this case I would think it would be a promise to "never do it again". However, I believe abeyance means temporarily stopping.

 

[FlyingRon]

That's "Plea IN Abeyance".

You don' t "plea abeyance", you've got to plea "not guilty" or "no contest."

Then with the agreement between the prosecutor and the defendant, the plea is held in abeyance (temporarily inactive) until one of two things happens:

1. The term of the agreement expires without violation, at which point the case is disposed of without a conviction.

2. There is a violation, at which point a hearing will be held to determine if the abeyance shall be ended. If so, then the judge shall enter a conviction and impose a sentence.

It's UTAH's version of diversion.

 

[seniorjudge]

...
This was their FIRST time with marijuanna and of course were caught.
....

They've already heard that one...don't use it.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.