• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Arrested for marijuana possession

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

astroman

Junior Member
First off, I live in Arizona and this is the first time I've been arrested.

Now, I was pulled over for speeding and the officer said he could smell pot and wanted to search the car. He told me if I didn't let him he was going to have a dog come in and it was going to tare up my car whether it found anything or not. So, I said he could search the cab of the car. He went through the cab, then went in the trunk and found the pot (a few little baggies worth) in my bag along with some paraphernalia. At that point he arrested me. He didn't pat me down or search me, I don't know if that matters or not. He read me my rights and we waited until the tow truck came to tow my car. I ended up telling him I had a knife in my pocket and he took it. We then went down to the police station and he asked me about what he found. I answered his questions and he had me pee in a cup which he tested there (which was positive for THC) and said he was going to send in for analysis as well. He told me I would be contacted with in the next few months for an arraignment or something since the court is so backed up. He then took me back to my house, gave me back my knife, and let me go.

At no point during the night was I put in a cell. I'm pretty sure I wasn't booked because they didn't take my picture, or fingerprint me, and I didn't have to post bail or anything.

Now I was wondering what should I expect? Since he let me go that night without any bail or anything, did he take pity on me and just let me go? Or, should I really expect something to come in the mail in a few months? Also, if I do go to court for this what kind of sentence am I looking at? Is there any way I can complete the sentence and have it erased from my record? Also, is there any way I can get a copy of the police report before going to court?
 


The Occultist

Senior Member
The state of Arizona is very friendly towards first time offenders of non violent crimes. When you first show up in front of a judge, he will ask how you plead. Instead of entering a plea, request a pretrial conference. You will be given a new court date. The next time you show up, you will have a chance to talk to the prosecutor, and you will most certainly be offered deferred prosecution. This entails some court fees, attending a drug class, and a [light] probation, the successful completion of which will mean the charges against you will be dropped (with prejudice).
 

tru2blu

Junior Member
i live in AZ this has happened to my friend b4. AZ is pretty cool about first time offenders, especially if they only found a lil bit of pot..although u should stay straight because if u get in any more trouble they will bring up the old possession charge.
 

Kris24

Junior Member
Read before court!

I'm not a lawyer and I don't live in Arizona. I don't have answer's to every question you asked. However, I do have advice if you do have to go to court...
You can have charge removed if no prior record. You will have to go to substance abuse therapy, community service, have license revoked, e.t.c. but if you get the option to do so consider yourself lucky! I wish I knew what I know now when I pleaded guilty to possessing controlled substance. I was not given the chance for deferral/ dismissal (I live in VA It would be in your best interest to make yourself farmillar with the code of Az (not all of it, just related to your charge). If you're not hiring an attorney, I suggest you not relying on a public defender to tell you all you need to know. If you go to court and the judge does not mention deferring/ dismissing this charge I suggest you ask him to ASAP! They may tell you it's a misdemeanor but I can promise you the consequences are identical to a felony conviction. Good luck, maybe you won't have to go to court but if you do... BE PREPARED!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top