Arrested for possession of marijuana (Maryland)

[whathappensnow1]

I was arrested in April and the amount was .7 grams. I just received a disk in the mail with a 9 page pdf record with different documents. They're getting a chemist to confirm that it was marijuana, so the state is taking this really seriously. I don't have a lawyer yet. Would I be okay with a public defender or should I hire one? What is the penalty for this, and will I receive jail time?

Also, I have a previous charge of trespassing (in a park) in Virginia. Would a prosecutor know this and would it hurt me? My trespassing charge was to be expunged if I stayed out of a trouble for a year. If I am convicted, will the trespassing charge stay on my record permanently?

 

[FlyingRon]

You can bet the MD charge (let alone a conviction) can screw up your deferral on the Virginia charge.
MD possession of under 10g for personal use most likely will net you a $500 fine except it will show a criminal record which you should try to avoid.

I recommend you get a lawyer. A public defender is for the indigent who can not afford a counsel, not a default for those unwilling to pay for private ones. .7 g is miniscule. If not fightable, your attorney can try a stet or other diversion.

Virginia has pretty much come down on not being able to prosecute "residue" amounts, don't know about MD.

 

[whathappensnow1]

I, myself, can't pay for a lawyer. I'm 19, so I would need my mom's help to hire one. However, she doesn't think I need one. Her plan was to speak personally to my prosecutor and come to an "agreement." I don't think that would work though since I'm not a minor and she isn't a lawyer. She also doesn't know about my charge in Virginia.

What do you mean by fightable? Do you think that a public defender would be able to have the case dropped? What is a stet? I just don't want this to land on my record and keep me from getting financial aid.

 

[swalsh411]

The prosecutor won't speak to your mother. You an an adult and since she is not a lawyer she cannot represent you. In fact it may get her in trouble if she even tries. Worst. Idea. Ever.

You are an adult now and need to deal with your own issues. Your mother can choose to support you financially and emotionally but that's it. It's time for the big boy pants on this one.

 

[whathappensnow1]

Yeah, I agree with you and that's what I told her. One of her lawyer friends actually advised her to do that and I'm not sure why. I'm calling the public defender's office on Monday.

Edit: I still have these questions - Is it possible for the case to get dropped? What is a stet?

 

[swalsh411]

Information on Stet in MD. As far as I can tell it's unique to MD.

http://www.ricelawmd.com/blog/post/46/What-is-a-Stet-in-a-Maryland-Criminal-Case-and-Should-I-contact-a-Criminal-Lawyer-/

Yes of course the case could be dropped. Cases are dropped all the time for many reasons. But the DA has a sworn duty to prosecute those that break the laws of the State and so it's not going to just get dropped for no reason.

Most attorneys will offer an initial consultation for free or minimal cost. They won't do any work for you (motions, filings, talking to the DA, etc.) but they can tell you what to expect. It can't hurt to make an appointment.