First offense, charged with marijuana possession

[verycoolnin]

Okay, I live in VA. I was smoking some weed with my friends in my college house and campus security stops by and goes inside the house for an unrelated reasons. They smell weed and ask if I've been smoking weed. I said yes. I hardly had any weed on me, just a few flakes. They search my room and find my bowl, my seeds, some stems and two weed plants I was growing in my closet. They arrest me and bring me in. They were thinking about charging me with a felony because of the plants for some reason but they were still young and had no buds so they charged me with misdemeanor drug possession of marijuana. This is my first offense. What will my punishment be? Do I need a lawyer? What should I say in court? What should I wear? I also read that they'll likely suspend my license because I live in VA eventhough I wasn't driving at the time and never drive ****ed up. That's some bull**** if you ask me. Then again, I think the whole situation is. I wasn't harming anyone. Just leave me to myself. God, I feel like fleeing to Canada.

 

[moburkes]

Get an attorney.

 

[verycoolnin]

Do I need to fork out the bucks for a real lawyer or will a public defendent work as well?

 

[moburkes]

Weel, that's up to you. You get what you pay for.

 

[WindyAruba]

Okay, I live in VA. I was smoking some weed with my friends in my college house and campus security stops by and goes inside the house for an unrelated reasons. They smell weed and ask if I've been smoking weed. I said yes. I hardly had any weed on me, just a few flakes. They search my room and find my bowl, my seeds, some stems and two weed plants I was growing in my closet. They arrest me and bring me in. They were thinking about charging me with a felony because of the plants for some reason but they were still young and had no buds so they charged me with misdemeanor drug possession of marijuana. This is my first offense. What will my punishment be? Do I need a lawyer? What should I say in court? What should I wear? I also read that they'll likely suspend my license because I live in VA eventhough I wasn't driving at the time and never drive ****ed up. That's some bull**** if you ask me. Then again, I think the whole situation is. I wasn't harming anyone. Just leave me to myself. God, I feel like fleeing to Canada.

Hard to say in the communist enclave of VA. Normally, I would say if you are eligible to get a public defender that is great, on something so petty you could probably represent yourself and ask for probation from the prosecutor first and court if that fails. Try for probabtion or something that you can get removed later... Ask the prosecutor about a Alternative Treatment Program for non-violent drug offenders as well


I don't see where they can do anything with your DL with what you are being charged with...

§ 18.2-250.1. Possession of marijuana unlawful.

A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.

Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.

(1979, c. 435; 1991, c. 649; 1998, c. 116.)

 

[verycoolnin]

There's no number to call on the ticket so do I just go to court before trial and try to arange for a public defender if I can get one? Also, is it possible I can get the charges dropped because the school is likely to put me on drug probation with urine tests and community service? But, my court date is before my school hearing. I'd really hate to serve two very similar punishments for the same offense. Or maybe I should ask for my court date to be pushed back until I know what the school's punishment is going to be.

 

[fairisfair]

I don't see where they can do anything with your DL with what you are being charged with...



and that is where you are wrong

The state of Virginia suspends a license for 6 months for ANY marijuana possession charge.

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4570

See section titled DETAILS

 

[trieroffact]

I don't see where they can do anything with your DL with what you are being charged with...and that is where you are wrong.

The state of Virginia suspends a license for 6 months for ANY marijuana possession charge.

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4570

See section titled DETAILS

I couldn't see that anywhere, except for the drugged driving section, but he was not charged while driving...

Your link does provide some excellent finds as well:

Probation with deferred proceedings is possible for first offenders in some instances.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Poster, you will certianly want to try for one of these probation before judgement (PBJ) options which you can later get removed.

You should try for the public defender now and see if you qualify... Otherwise you need to speak to the district attorney who is prosecuting the case and ask for a meeting to see if he is willing to give you the PBJ.

I think you should write to the clerk of the court for a continuance if you desire one. You can mention you have not found an attorney yet, etc. Otherwise you have to ask for one when you go to court.

 

[Totalwreck123]

Hard to say in the communist enclave of VA.

Wow. I've been looking into the laws of VA and I'd have to agree with you. No offense to the citizens but it IS run like a communist enclave. I'm glad I was there only once and that was just in and out.

 

[verycoolnin]

The trial's tomorrow. Do I go to the court room and ask for a probation before judgement when I get there? Or should I have already done that? I'm so hectic right now.

 

[Cioccaz]

Wow. I've been looking into the laws of VA and I'd have to agree with you. No offense to the citizens but it IS run like a communist enclave. I'm glad I was there only once and that was just in and out.

I am curious what you both mean about communist enclave. Seems to me that if it was a communist enclave the poor guy would be rolling up the following day with the security guards. Did you intend to use the word fascist?
Just confused by the comment...

 

[verycoolnin]

Well, what I went to wasn't the actual trial. It was just a whole bunch of people in a room being issued court dates. Everyone's court date was scheduled for like late December except for mine which was issued for March 26, 2007. Why such a long wait? Is it because it's not a very serious charge?

 

[verycoolnin]

Oh yeah, the judge said in a kind of confusing manner... if you're defending yourself or if you're going to have a lawyer, please stand in a line. That seemed kind of weird and I wasn't really sure of what he was saying because he said it so quickly. He told some other guy on a minor offense it would be better if he represented himself on a minor offense because it would look better, so I just did the same. This was my first offense on anything and it's misdemeanor offense on weed so I just said, yeah, I'll rep myself. I read that some of you were talking about getting this thing called Probation Before Judgement, who do I talk to about that? I don't want to go to jail. I don't belong in jail. I'm a college student, not a criminal.

 

[verycoolnin]

So, I read over everyone's messages and they said I need to meet with the DA to try and recieve Probation Before Trial (PBJ). Where do I go to set up the meeting? The same court house that sent me my trial date?

 

[ceara19]

I don't want to go to jail. I don't belong in jail. I'm a college student, not a criminal.

If you're planning on trying to plea bargain, you need to own up to the FACTS. Growing marijuana in your closet is a crime, which makes the person growing it a criminal. Admitting to your crime, showing remorse for your actions and asking for leniency will work much better then saying, "I'm not a criminal".