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  #1  
Old 09-24-2009, 12:13 PM
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VA-Simple possession charge?


Virginia-Hanover County
I was pulled at a sobriety checkpoint back at the beginning of July and the officer smelling marijuana asked me if he could search my car and I complied and he found under a gram of marijuana and some paraphenalia and wrote me a traffic ticket for it. At the court date I pled no contest and was given a fine and suspended my license for six months. I was wondering what else was going to happen if anything? From what the arresting officer told me, being my first offense I would be given the option of taking classes and doing community service in order to take it off my record once I was done with all of the requirements but when the judge convicted me all he said was he giving me was a fine and suspending my license for six months. I was under the impression I'd be able to get it expunged from my record, and that if I were to be charged in Virginia again for possession that it would come back. Am I not required to do community service and drug classes currently? And is there any way that I can get it taken off my record?

Thank youWhat is the name of your state (only U.S. law)?
  #2  
Old 09-24-2009, 12:39 PM
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Never rely on legal advice from the police.

If you wanted the deferred disposition (which is what the cop was describing) you had to request it at trial. Looks like you plead no contest (which for all intents and purposes means you will be found guilty) and you had a less the gracious judge who decided not to offer you the deferral when you didn't ask.

It looks like you were found guilty and got your sentence. It's over for you and there's no way to get it off your record now.
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  #3  
Old 09-24-2009, 01:11 PM
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So that's it? I've paid the fine, and my drivers license is suspended for six months and now there is a possession of marijuana misdemeanor on my record? I was told I'd have to do community service and drug classes and have to go back into the court to do random drug screens periodically, but I don't have any of that? Provided I don't do anything else stupid I don't have to go back in, I can drive in six months, and the stupid misdemeanor charge is stuck with me now?
  #4  
Old 09-24-2009, 03:43 PM
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Who told you that?
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  #5  
Old 09-24-2009, 03:53 PM
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Well the arresting officer for one, even though you told me not to rely on them for legal advice, as well as people I've talked to who recieved the same charge (as first time offenders as well).
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