possession

What is the name of your state? utah

i was pulled over in utah doing 85 in a 75 and the officer said it smelled like marijuana and asked me to get out of the car! He asked if there was any marijuana and i stated yes and complied with him.He charged me with possession of a controlled substance and possession of paraphenelia. The reason i ask is i live in colorado and this happened on our way home from san diego where we go every 4 months to take care of my grandparents.This is also my first drug related offense and i just opened my own company and have a 5 year old daughter and one on the way.My question beings it's my first offense...do you think i will just get probation and fines instead of jail? Also....i have quit smoking marijuana completely and am trying to volunteer to help troubled children...not to look good but because i care about the children's future...i know i screwed up but if someone could ease my mind a bit it would sure help! thank you!

First time possession offenses typically will result in probation in lieu of jailtime. You'll want to discuss this with the prosecutor.

possesssion

thank you for you're input....i am not a bad person and sure got a wake up call with all of this! I just want the best for my family. Again i thank you!

since i reside in colorado, 5 hours from where the incident occurred, and having bought a new house, just opened my own construction company, and being the soul provider of my family.....do you think the judge would take that into consideration and be able to transfer probation. Again i thank you for you're advice. I am also looking into na classes to better myself and have even quit smoking cigarettes. Respectfully....thank you!

....do you think the judge would take that into consideration and be able to transfer probation....

I doubt it; most jurisdictions don't want to accept other jurisdiction's problems.

But, it never hurts to ask.

my next question is if the officer wrote possession of a controlled substance...wich was marijuana and possession of drug paraphanelia...and that's what is stated on my ticket. These are my charges right. And the officer later can't add to it right...such as tacking on like with intent to distribute or something like that right? The reason i ask is because this is my first drug offense and i'm a little worried. If someone could help me with the answer it would be much appreciated thank you!

Actually yes, they can tack on more charges later if they so wish. Statute of Limitations for drugs charges will definitely be over a year, meaning they have quite a long time to press more charges if they so wish.

Just to note, unless the substance was split into a bunch of little baggies and/or you had a scale with you or something, odds are a distributing charge won't appear.

seniorjudge said:

....do you think the judge would take that into consideration and be able to transfer probation....

I doubt it; most jurisdictions don't want to accept other jurisdiction's problems.

But, it never hurts to ask.

Click to expand...

Actually, once the OP is placed on probation, he should have no problem transferring his probation to his home state of CO. All states (and territories) belong to the Interstate Compact, which regulates transfer of probation from one state to another. Since he has immediate family in CO, he will be automatically eligible to transfer his probation from UT to CO. If he didn't have immediate family in CO, CO would have the opportunity to deny his request for transfer.

I'm a probation officer.

thank you so much. It always makes you sleep easier to hear some sort of good news.Especially when coming from a probation officer. Again thankyou!

i am aware that on my first court date the judge advises me of my offenses, but will i be able to negotiate a plea bargain on that day ? and or will the prosecutor approach me before court and offer me anything? Or can i ask the judge at this time and explain to him that i am willing to do community service,pay fines,take classes,and probation. I live quite far from where i am supposed to appear and my fiance and i are expecting a child and want to just get this over as soon as possible.So do you think the judge will take this into consideration and let me talk to the da or prosecutor at this time? And would it be a good idea even though i have completely quit smoking marijuana...to take na classes and present them to the judge? Again thankyou for you're advice and being so pleasant and respectful.