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2nd possession charge

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Raddyguy322

Junior Member
Virginia

I got a marijuana possession charge a couple years ago, went through first offenders program. Couple weeks ago I Got pulled over for speeding, cop saw tobacco leaves and got curious and asked to search my car, I told him yes because I truly believe nothing was in my car. He found a bag under my seat with literally crumbs. Like .2 maybe. Does anyone know if I'll have to go through first offenders again? Or even worse punishment? I truly believe I deserve community service at most, but does anyone have any insight? Thanks
 
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Silverplum

Senior Member
I got a marijuana possession charge a couple years ago, went through first offenders program. Couple weeks ago I Got pulled over for speeding, cop saw tobacco leaves and got curious and asked to search my car, I told him yes because I truly believe nothing was in my car. He found a bag under my seat with literally crumbs. Like .2 maybe. Does anyone know if I'll have to go through first offenders again? Or even worse punishment? I truly believe I deserve community service at most, but does anyone have any insight? Thanks
No, you're a subsequent offender. It's a misdemeanor. http://statelaws.findlaw.com/virginia-law/virginia-marijuana-laws.html
 

not2cleverRed

Obvious Observer
Good reason to clean your car's interior more regularly.

I'm curious though, why do you think you "deserve community service at most"? I am going to guess that the baggy was there less than 2 years, and at one point had more than "crumbs" in it.
 

Raddyguy322

Junior Member
Because at the time I wasn't doing anything but driving home from Bojangles. The car didn't smell like marijuana, I wasn't smoking at the time. He just raised suspicion because of tobacco leaves and I was fully cooperative and let him search my car without any trouble. Even though his suspicion was tobacco with is totally legal
 

Silverplum

Senior Member
Because at the time I wasn't doing anything but driving home from Bojangles. The car didn't smell like marijuana, I wasn't smoking at the time. He just raised suspicion because of tobacco leaves and I was fully cooperative and let him search my car without any trouble. Even though his suspicion was tobacco with is totally legal
What. Ever.
 

Raddyguy322

Junior Member
Silverplum

Yes the link helped but even my attorney said they're not sending me to jail over crumbs over marijuana. Is the fine and jail time the only punishment?
 

not2cleverRed

Obvious Observer
Because at the time I wasn't doing anything but driving home from Bojangles. The car didn't smell like marijuana, I wasn't smoking at the time. He just raised suspicion because of tobacco leaves and I was fully cooperative and let him search my car without any trouble. Even though his suspicion was tobacco with is totally legal
"suspicion" plus your past record = "probable cause"

Stop trying to weasel out of this - just be glad you weren't smoking.
 

Raddyguy322

Junior Member
With any luck you'll be exposed as the loser stoner you are.

Lol your point? You're making it seem like I should be ashamed of myself or something because I didnt get caught with a ounce or something? I never wanted this to happen. I didn't even know the bag was in my car still. I just wanted people's insight on what they think would happen in court. Thats all, I wasn't expecting so many smart-ass comments.
 

not2cleverRed

Obvious Observer
Lol your point? You're making it seem like I should be ashamed of myself or something because I didnt get caught with a ounce or something? I never wanted this to happen. I didn't even know the bag was in my car still.
That's your problem: you don't realize that you *should* be ashamed that anything could be found in your car in the first place.

I just wanted people's insight on what they think would happen in court. Thats all, I wasn't expecting so many smart-ass comments.
Insight: it would be best for you to show up looking a clean cut professional, let your lawyer do the talking, and keep your mouth shut unless addressed directly, and then limit yourself to the shortest sentences possible. Because if you are, IRL, as stupid as you come across here, and judge will be thinking the same "smart-a** comments", and treat you accordingly.

The fact that it is not your 1st offense will not be in your favor - it'll rather seem that you have not cleaned up your act.
 

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