Need help on Drug charges, Va.

[Bawbb1414]

I live in Virginia, and yesterday Me and four buddies were in my car, parked, and were about to leave to go home. We had a weed roach under the front passenger's seat, my friend was sitting on it. We also had a pair of hand scales, and a small baggy of weed, with about 4 grams of marijuana. There were also stems and weed residue on the floor of the car. When we were arrested i had nothing on my person, but the police searched the car and found everything. I said that the weed isnt mine, and I was arrested, sent to the station and placed into a cell. I am 16 years old, and my parents came and picked me up. What are the maximum and minimum charges that I may face, and what kind of outcome can I expect? We are planning on getting a lawyer, but I would like to know what kind of sentencing is usually given in these cases, and what kind of leniency can be expected. This is my first charge of any kind and my first time in trouble with the law. I know there is a lot of things this can depend on, but what can be done, and is there any way I can get away with only a probation or less? Maybe community service? I'm not trying to go to jail, im an A student =( and I only had four grams in the car, and part of it was under the passengers side, other part was under my drivers seat. Thanks a lot!

 

[seniorjudge]

If you're a male, you need to know that marijuana gives you weak wienie...but, if you smoke enough of it, you won't really care about girls anyway.

Okay, you are charged with possession, not ownership.

Tell us what statute number you are charged under.

Are you charged as an adult or a minor?

 

[Bawbb1414]

What is the difference between possesion and ownership? Im not sure what I am actually being charged with yet, and what the statute number is, this happened yesterday. Im not sure wether or not I am being charged as an adult or a minor, but what are consequences of each?

 

[The Occultist]

Only one person can own a baggie of the magic leaf, but twenty people can be in possession of that same baggie at the same time.

 

[>Charlotte<]

He means forget the "but it wasn't mine!!" part of your defense because that's not gonna fly. You're not being charged with owning it, you're being charged with having it. It was in the car, you all were in the car, you all had--or possessed--it.

 

[Bawbb1414]

Ah allright. Well what is my best bet? Try and get the intent to distribute charge (which I think I am being charged with) dropped to possesion? I only had like 4.5 grams, maybe its too small to get Distribution? Also, will this hurt my chance of going to college? I am 16 years old, so do they wipe your criminal record when you turn 18?

 

[seniorjudge]

Q: Try and get the intent to distribute charge (which I think I am being charged with) dropped to possesion?

A: Yes.


Q: I only had like 4.5 grams, maybe its too small to get Distribution?

A: What does the statute under which you are charged say?


Q: Also, will this hurt my chance of going to college?

A: It depends on what you are eventually convicted of; but it seems like there are a lot of stoners on campus these days.


Q: I am 16 years old, so do they wipe your criminal record when you turn 18?

A: I don't know because you can't tell us if you are being charged as an adult or juvenile.

 

[Bawbb1414]

Im not sure yet what statute number i am being charged under, or wether or not I am being tried as an adult. We were all minors in the car, and I am 16 years old.

 

[seniorjudge]

Im not sure yet what statute number i am being charged under, or wether or not I am being tried as an adult. We were all minors in the car, and I am 16 years old.

Post back when you can give us this valuable information.

 

[Bawbb1414]

Hey, just checking back. I have not yet recieved the information I was looking for, statute number I am being charged under, etc. But I am pretty sure I am being tried as a minor. Also, I only had 4-5 grams on me, is this something that we can argue to bring down to a simple possession charge? I understand distribution charges vary, but 4-5 grams, is it a good chance that we can argue down to possesion?

 

[quincy]

Bawbb1414 -

You started another thread asking questions about the Diversion Program, but seniorjudge suggested you keep all of your posts together. I have a few answers for you about the Virginia program for first offenders - which is available for both juveniles and adults.

If you are found delinquent of a first drug offense, the Diversion Program offers an alternative to adjudication and a potential jail sentence. What the diversion program requires of a juvenile offender is a substance abuse screening and assessment, with periodic substance abuse testing (including alcohol) as directed by the court. There may be drug treatment for substance abuse, or education on substance abuse, as decided by the court, based on the results of the substance abuse screening and assessment.

In addition, you will be required to remain drug free, seek employment (if you are not in school), and complete up to 100 hours of community service. There is generally a one year minimum treatment program, and you will be judicially supervised for the length of time your potential sentence would be for either your misdemeanor drug possession or your intent to distribute felony (whichever charges are brought).

You may also be responsible for paying part or all of the costs involved in the program.

Many find the Diversion Program more challenging than jail, however if the program is completed fully and successfully, you will not be adjudicated and all charges will generally be dismissed. You will have no criminal record. If you violate any of the terms of the program, though, you will go before the judge for sentencing on the original charges.

Good luck.