posession, paraphenalia, open intox charge

[jellybean28420]

What is the name of your state (only U.S. law)? michigan

i got an open intox charge and was arrested for posession of marijuana, and posession of paraphenalia. this is my first offense, i dont' even have so much as a traffic ticket, i am wondering if i should get an attorney. i don't know what i should be expecting from this. i am a fulltime student on the deans list and i already do volunteer work on my own time. i need some advice, please helpWhat is the name of your state (only U.S. law)?

 

[snprvnm]

Go to your arraignment (1st court appearance) and ask for a "pretrail" with the DA/Solicitor he will tell you exactly what he is going to "recommend" to the judge, there may be some minimum sentencing guidelines for the offenses you are charged with so your best case scenario is to plea to a lesser charge like disorderly conduct and pay a fine, possibly with probation and community service. Make sure you dress well and take your school transcripts and a parent if you're under 21. If they wont play ball and you cant afford an attorney, ask for a public defender.. you will get a continuance

the suck part of it is they will make you submit to drug testing while on probation so try to avoid that if you can

Also in my state if you plead guilty to a drug charge you automatically lose your license, they don't tell you that in the criminal courts here, because it is an "administrative" suspension from the state..

Your best bet is to lawyer up, but there's probably no harm in going it alone for the arraignment to get a continuance to seek counsel and to see what consequences you are facing

good luck

 

[quincy]

Jellybean, I recommend you have an attorney.

You are facing a misdemeanor conviction, with the possibility of 90 days in jail and large fines. Even if you remain on the dean's list at school and continue your commendable service to your community, a misdemeanor on your record can limit your future options - for employment, for loans, for financial aid, for travel.

You may be offered a diversion program for first offenders, but you violated several laws and the diversion program is not guaranteed. The diversion program is offered at the discretion of the judge and, while most Michigan judges assign it to all first offenders, some judges in some counties in Michigan have a reluctance to offer it at all. An attorney is your best assurance of getting diversion and probation.

Probationary periods are generally six months (although at least one judge in Michigan makes it a two year probation), and you will be expected to meet all terms of the diversion program during this period (classes, drug testing, community service hours).

If you satisfactorially complete all terms of the diversion program, and do not violate any terms of your probation (no drinking, no drugs, no illegal activities of any kind), then your charges will be dismissed and you will have no misdemeanor on your record to report on employment applications, financial aid forms, etc.

If you violate the terms of your probation, a conviction on the charges can be entered.

I recommend you consult with an attorney in your area.