• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Worth getting lawyer?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DanthemanOG

Junior Member
Hi everybody! So right now I'm in a situation where I don't know if I should get a lawyer or represent myself. First let me start by explaining my charges. I have one misdemeanor charge in April for Marij poss. In a DFZ, and a charge from a few weeks ago for Marij poss. I am currently doing an outpatient program as well as Narcotics Anonymous groups and have stayed clean since my last charge. My initial plea deal for my first charge was 18 months probation + a fine and drug courses. i declined the plea deal and got a further court date to get a lawyer. I called some lawyers and the most promising one said that with my progress in my NA group and my outpatient group, I can get this reduced to 6 months differed probation. What I am curious about is if I can achieve the same results by presenting my NA and outpatient progress to the judge myself vs hiring this lawyer to do it. I am 18 an living with my parents and have college expenses to pay. The lawyer wants $2500 to represent me for both charges. Is it worth it or should I represent myself?
 


HighwayMan

Super Secret Senior Member
Only you can say whether it is worth the expense. Generally, defendants >think< they can do well in court on their own but they rarely do.

I think it's serious enough to let a professional handle this for you.
 

quincy

Senior Member
Hi everybody! So right now I'm in a situation where I don't know if I should get a lawyer or represent myself. First let me start by explaining my charges. I have one misdemeanor charge in April for Marij poss. In a DFZ, and a charge from a few weeks ago for Marij poss. I am currently doing an outpatient program as well as Narcotics Anonymous groups and have stayed clean since my last charge. My initial plea deal for my first charge was 18 months probation + a fine and drug courses. i declined the plea deal and got a further court date to get a lawyer. I called some lawyers and the most promising one said that with my progress in my NA group and my outpatient group, I can get this reduced to 6 months differed probation. What I am curious about is if I can achieve the same results by presenting my NA and outpatient progress to the judge myself vs hiring this lawyer to do it. I am 18 an living with my parents and have college expenses to pay. The lawyer wants $2500 to represent me for both charges. Is it worth it or should I represent myself?
What is the name of your state, DanthemanOG?

In most states, you are only offered a diversion program for a first offense. You have a second offense. What the penalties are for a second offense marijuana possession depends on the state.
 

DanthemanOG

Junior Member
@quincy

I thought that diversions could only be before the trial. And I haven't had my court date for the second offense yet
 

quincy

Senior Member
... I have one misdemeanor charge in April for Marij poss. In a DFZ, and a charge from a few weeks ago for Marij poss ...

... I ... have stayed clean since my last charge ...

... the most promising one said that ... I can get this reduced to 6 months differed probation ...

... The lawyer wants $2500 to represent me for both charges. Is it worth it or should I represent myself?
Thank you for providing your state name, DanthemanOG.

If your original marijuana possession charge was for possessing 2 ounces OR LESS of marijuana, it would have been charged as a Class B misdemeanor. With a Class B misdemeanor, you face up to 180 days in jail and a fine up to $2000. A diversion program is available for eligible first offenders which allows for probation and a discharge and dismissal of the misdemeanor charge upon successful completion of all terms of the diversion program. This leaves the first offender with a clean criminal history.

Marijuana possession of 2 to 4 ounces of marijuana would be charged as a Class A misdemeanor, subject to one year in jail an up to $4000 in fines. A second offense marijuana possession can also be charged as a Class A misdemeanor. There is (generally) no diversion program available for second offenses.

In addition, all penalties can be enhanced when charged with possession in a drug free zone.

Here is a link to Texas marijuana laws and penalties: http://norml.org/laws/texas-penalties-2

Your attendance in Narcotics Anonymous classes can indicate to the court that you took the first possession charge seriously, but the fact that you re-offended a short time ago could erase any benefits these classes might otherwise have. In other words, I am not sure how helpful your voluntary NA classes will be to your charges since you reoffended, but it won't hurt for the court to know of the outpatient program.

I think the attorney you spoke to, who thought your charges could be reduced and that a 6 month probation with deferred sentencing was a possibility, might have been a bit optimistic about the outcome. That said, the $2500 fee for handling both charges does not sound unreasonable. I think you will want an experienced attorney with you when you appear at your scheduled hearing, whether it is the optimistic attorney you choose or another attorney who has a good record of getting marijuana charges reduced or dismissed.

Personally I think the Texas laws on marijuana are draconian ... but they are what they are.

Good luck.
 
Last edited:

DanthemanOG

Junior Member
Thank you so much for the advice! Each charge was only for a couple grams. Not between 2-4 ounces so I'm assuming that'll make it less severe.
 

quincy

Senior Member
Thank you so much for the advice! Each charge was only for a couple grams. Not between 2-4 ounces so I'm assuming that'll make it less severe.
I'm sorry, DanthemanOG. I seem to have quoted the wrong figures in my previous post. And I also notice that the link I provided doesn't work. I must have been low on caffeine.

What should have been written is that possession of 2 ounces OR LESS is a Class B misdemeanor, subject to 180 days in jail and up to a $2000 fine. Possession of 2 to 4 ounces of marijuana is a Class A misdemeanor, subject to 1 year in jail and up to a $4000 fine. I have now made corrections to my earlier post.

Certainly the less you possessed, the better it can be for you. How much better is something I can't tell you. Your attorney is the one who should be familiar with the prosecutor and the judge and can gauge the outcome for you best.

Good luck.
 
Last edited:

DanthemanOG

Junior Member
Thank you so much for your advice. I have one more question and I'm VERY sorry for dragging this post on so long, but what if I did I a trial diversion or pretrial diversion instead of hiring the lawyer for my first charge. I don't know how I would do this or if I would simply ask the judge but $2500 is obviously a lot of money and I'm just concerned that my potential lawyer is just being overly optimistic about what he can do for me in this case. If hiring a lawyer will only get me 6 months reduced for the first case and maybe a few for the second case then I'm thinking it won't be worth it
 

quincy

Senior Member
Thank you so much for your advice. I have one more question and I'm VERY sorry for dragging this post on so long, but what if I did I a trial diversion or pretrial diversion instead of hiring the lawyer for my first charge. I don't know how I would do this or if I would simply ask the judge but $2500 is obviously a lot of money and I'm just concerned that my potential lawyer is just being overly optimistic about what he can do for me in this case. If hiring a lawyer will only get me 6 months reduced for the first case and maybe a few for the second case then I'm thinking it won't be worth it
I am of the opinion that offenders tend to have better outcomes in court if they have an attorney representing them. I am also of the opinion that spending $2500 can be a cheap price to pay if it helps avoid a criminal record. I am not sure prosecutors or judges are as willing to offer diversion programs and dismiss charges for offenders appearing in court on their own.

That said, and depending on the County where you were charged, you could be offered a treatment/community service program in exchange for dismissal of your charges after a successful completion of the program. There could be a greater possibility of this if you were charged in one of the larger counties in Texas (Travis, Dallas, Harris, Tarrant, Bexar), where prosecutors have in recent years been more willing to dismiss charges that involve minor amounts of marijuana. The fact that you are in an NA group is a positive.

Then again, I see some problems for you. One is that you possessed drugs in a drug free zone. Another is that you re-offended despite NA. If the prosecutors see that the chances of you reoffending are high, you are less likely to be offered a treatment program/probation/dismissal.

I understand that $2500+ is a lot of money. I personally would opt for an attorney to help me handle the charges but the choice of hiring an attorney is ultimately a decision you must make on your own.

Good luck.
 

FlyingRon

Senior Member
It's not surprising NA didn't help. Twelve step has been generally shown to be ineffective in just about every application.
 

quincy

Senior Member
It's not surprising NA didn't help. Twelve step has been generally shown to be ineffective in just about every application.
It actually depends on how you measure effectiveness and which studies you read.

From the National Institutes of Health, "How Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) Work: Cross Disciplinary Perspectives," which cites studies that indicate attendance in AA and NA programs can lead to abstinence and long-term helpful outcomes: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3140338/
 

quincy

Senior Member
I never said NA didn't help. This isn't about that
I believe FlyingRon was basing his comment on the fact that you were charged with possession in April and charged again a few weeks ago.

It is not real clear from your first post when exactly you started the outpatient program and NA. If you started these after your first charge for possession, it would seem that the program and NA was not effective in helping you avoid a second charge for possession. If you started the outpatient program and NA a few weeks ago, this after your second charge for possession, it is probably too early to tell if it is effective.

But, either way, the fact that you are in an outpatient program and in an NA group may or may not help you in court ... but it certainly won't hurt.

Regardless of whether you go with an attorney or appear in court on your own, I wish you good luck.
 

DanthemanOG

Junior Member
I didn't start NA and become clean until my second charge. I'm not sure if I made that clear or not. It's not like I relapsed or something
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top