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Marijuana - Fight or Plead?

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P

PizzaBoi

Junior Member
What is the name of your state? California

So about a month ago, I got a call from a police officer telling me they've found my drugs. Apparently, my roomate (now ex-roomate) narced me out. Now here's the deal: he found some weed on his desk that wasn't even mine. My stupid friend left it there by accident.

When I got back home and the cop asked me if they could search my room, I thought they had already found my stash. But then they came out with my actual stash, I got confused. I should've denied that it was mine and respectfully said no to search and seizure citing probable cause. But its too late for that now.

Considering how I wasn't home at the time of the incident, can I fight this charge without a lawyer? Should I? I'm a student at UC Irvine (which is notorious for police harrassment) and I'm just tired of dealing with the cops here. What are the consequences of just paying the $100 ticket? Will it go on my permanent record?

I know that for first-time offenders, we can do a divergence program to get the charges wiped, but I'm not sure how to request that. Will it still show on my federal record if I do? Because I'm most concerned about my federal student loans, which is like oxygen for me.

A lawyer would cost me about $600 to just plead guilty and get divergence, and I can't really afford that, much less a lawyer for going to trial. I don't really want to go to court, so should I just pay the $100 fine?

Thanks for any input.
 


G

garrula lingua

Senior Member
It's a misdemeanor on your record, but there's no probation - just 100+penalty and assessments. If you're under 21, DMV should suspend your driver's license for one year (or delay it for one year if you don't have one).

You can do DEJ (Deferred Entry of Judgment), it's a bit expensive, but the money you save on legal fees would pay that. You do plead guilty to be allowed DEJ, but if you complete the program sucessfully and pay the probation & program fees, in eighteen months the case is terminated/dismissed without your ever being sentenced.

Some Prosecutors do their own type of diversion program - 24 Narcotic Anonymous meetings @ rate of 3 a week (or somesuch) for dismissal of the charges.

If I were you, I would appear in pro per (representing yourself) and ask the Prosecutor if you can do some diversion program or NAs and some Caltrans to have the charges dismissed.
 
P

PizzaBoi

Junior Member
...

Is there any possibility they will not suspend my driver's license? I need that to drive away from Irvine, where the cops hassle me because I'm Asian.

Also, what are the pros and cons of paying the ticket or doing NA? I don't think I want to do Caltrans; that's where you pick up trash along the highway right?
 
B

BelizeBreeze

Senior Member
PizzaBoi said:
Is there any possibility they will not suspend my driver's license? I need that to drive away from Irvine, where the cops hassle me because I'm Asian.
Click to expand...
hop a bicycle. You're supposed to be good at that. At lease when I was in Phang Rang you all were like ants with wheels.
Also, what are the pros and cons of paying the ticket or doing NA? I don't think I want to do Caltrans; that's where you pick up trash along the highway right?
Click to expand...
Sure, just tell the judge because you're asian it's beneath you. He/she'll understand.:D
 
R

ryan4044

Junior Member
BelizeBreeze said:
hop a bicycle. You're supposed to be good at that. At lease when I was in Phang Rang you all were like ants with wheels.

Sure, just tell the judge because you're asian it's beneath you. He/she'll understand.:D
Click to expand...
wow. I guess we can now add racist to your long list...:rolleyes:
 
P

PizzaBoi

Junior Member
BelizeBreeze said:
hop a bicycle. You're supposed to be good at that. At lease when I was in Phang Rang you all were like ants with wheels.

Sure, just tell the judge because you're asian it's beneath you. He/she'll understand.:D
Click to expand...
At lease? Wow. You make me glad that I are gooder kollege stoodunt. :p
 
C

calatty

Senior Member
Do yourself a favor and get a lawyer. If you care about your financial aid and your criminal record, you want to get the best disposition possible. That means getting a lawyer.
 
2

2901bruce

Member
PizzaBoi said:
What is the name of your state? California

So about a month ago, I got a call from a police officer telling me they've found my drugs. Apparently, my roomate (now ex-roomate) narced me out. Now here's the deal: he found some weed on his desk that wasn't even mine. My stupid friend left it there by accident.

When I got back home and the cop asked me if they could search my room, I thought they had already found my stash. But then they came out with my actual stash, I got confused. I should've denied that it was mine and respectfully said no to search and seizure citing probable cause. But its too late for that now.

Considering how I wasn't home at the time of the incident, can I fight this charge without a lawyer? Should I? I'm a student at UC Irvine (which is notorious for police harrassment) and I'm just tired of dealing with the cops here. What are the consequences of just paying the $100 ticket? Will it go on my permanent record?

I know that for first-time offenders, we can do a divergence program to get the charges wiped, but I'm not sure how to request that. Will it still show on my federal record if I do? Because I'm most concerned about my federal student loans, which is like oxygen for me.

A lawyer would cost me about $600 to just plead guilty and get divergence, and I can't really afford that, much less a lawyer for going to trial. I don't really want to go to court, so should I just pay the $100 fine?

Thanks for any input.
Click to expand...

PizzaBoi! A stash, is a stash, is a stash.
 
T

tranquility

Senior Member
You need to get a lawyer. Even with a criminal lawyer, make sure he is aware of the federal rules regarding conviction of a drug offense and your student loan. In your original meeting, let him know that is your sole worry--making sure you don't fall under the guidelines.

If you are convicted of a drug-related offense during the time you are receiving aid (after age 18), you will not be eligible until after you complete an approved program. With the time remaining before the semester, I'm not sure you will have the time to get that done if you plead.
 
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