Marijuana Possession

What is the name of your state? Arizona

I was arrested back in Sept. 26 2006 and was 17 at the time, this was my first arrest or offense of any kind, I then turned 18 on oct. 20th.
A bag containing less than a 1/2 gram of marijuana was found in my car after the police kept insisting to give consent to let them search my car, I refused numerous times and since the car is in my fathers name he was called down and gave consent only after the police said that the car would be impounded and searched that way (to my knowledge this was a lie to decive my father into giving consent) he also gave consent becuase the police told him that I would be tried in juvenile court and have a maximum punishment of community service if anything was found.

Just a few days ago I recieved a letter in the mail from the juvenile court system saying my case is being handed over to the adult system where i will be tried as an adult.

I also want to add that I was first pulled over for driving without headlights and unsafe backing (i only had my headlights off when i was backing up when headlights aren't used anyway). These tickets were later erased as I was issued them when I was in a privite neighborhood where the neighborhood association owns the streets.

1. What can I use in my defense? will the fact that I was pulled over for something that wasnt illegal on the street that I was on make it so that what was found unuseable evidence or what not? will the fact that my dad was decieved into believing my car would be impounded if he didnt consent a search and that I would only be tried as a juvinile help my case in anyway?

2. My dad doesn't want to pay for a lawyer, can he represent me in court or not because I am 18 (17 at the time of arrest) and he doesn't have a law degree?

3. What can we say in court to either lessen my charges to juvenile or get it thrown out?

4. If I am found guilty what will the punishment be? Will this come up on my record when I try to get a respectable job in 10-20 years?

FYI- this has nothing to do with what I've said and is somewhat irrelivant but i just want to vent some anger I have towards Americas legal system. I never was a stoner just a casual smoker, and since my arrest i haven't taken one puff, i never even drank much before but now i dont drink at all. I am straight edge and get made fun of by my stoner and alcoholic friends, some of which got arrested when they were 18 that same night coincidentily for marijuana paraphenalia and have either had their case dropped or haven't got squat in the mail. my question is why me?!? Im the only one out of my friends whose stoped doing illegal things altogether and im the only one who is getting screwed.

You can most likely get probation before judgement and get it expunged later. Call the district attorney and offer a "no contest" plea for the PBJ.

You would need an attorney to challenge the search and that will cost a grand or so...

I honestly don't care at all if i have to do probation or a fair ammount of community service. I just don't want this on my adult record for a mistake i did as a juvenile.

1. When you say I can get it expunged from my record later on, would this be an absolute sure thing if I plea for no contest with probation or what not?

2. If i plea no contest are there any monetary fines attached?

-Any other advice for previous questions would be appreciated from anyone on the forum-

Thx for help so far and hopefully future help!

You're in luck, the state of AZ does not believe in throwing the book at first-time non-violent offenders (assuming you do have a clean record...)

When the judge asks you how you plead, if he doesn't bring it up as an option himself, go ahead and instead request a pre-trial conference. You will be scheduled another court date, at which time the prosecutor will offer you a deferred prosecution and what the terms of it are, typically a drug class, some fees, and an informal probation, the successful completion of which resulting with the drug charges being dropped altogether. Neat, huh?

trieroffact said:

You can most likely get probation before judgement and get it expunged later. Call the district attorney and offer a "no contest" plea for the PBJ.

Click to expand...

The State of Arizona does not have an expungement provision in law. Criminal records stay on a person’s record until they reach age 99.

However, there are some other alternatives such as sealing, setting aside, this site should tell the OP everything he ever wanted to know about criminal records in the state of AZ.

http://www.dps.state.az.us/reports/criminalhistory/faq/default.asp#16

1. Should i wait for the courts to contact me with a court date or should i try to set up this deferred prosecution ASAP?

2. All i want is a clean record will the deferred prosecution absolutely erase charges on my record?

3. It has been about 3 months since i was arrested if i go to court and they dont have the evidence (the less than 1/2 gram bag of marijuana) can my charges be dropped? with the little amount of weed it was id say theres a good chance they either lost it or the cops smoked it.

4. My dad is under the impression that i am up agaist a class 6 felony, but some people tell me it is a mistamenor, what is it?

-Thx-

1.) You can try talking to the clerk about deferred prosecution if you like, but it is the prosecutor that extends this offer, so they are the ones you want to talk to.

2.) The successful completion of the deferred prosecution means they drop the charges against you. No guilty, no Not Guilty, just absolutely no charges being held against you.

3.) Grasping for straws...

4.) They can potentially charge you with a felony, but for first-time offenders they typically do charge it as a misdemeanor. This information may be on your citation as well.

1. What can i expect from deferred prosecution? how much in fees, how long of probation, how many hours of community service?

2. I didn't get the "grasping for straws" joke but in all seriousness if i go to court and they don't have the evidence of my <1/2 gram bag of weed can i walk since they dont have the evidence?

3. Can my dad represent me in court without a law degree, and since I'm 18 (17 time of arrest).

4. would a public defender be able to get my off chalanging the search or at least lessen the charges to a juvenile since i was 17 at the time of arrest?

5. My dads ex wife is a judge in the juvenile courts and in her opinion theres a good chance my case will be dropped, how long until you think im in the clear? Will i be notified if my case is dropped? Do i have any rights to a speedy trial?

cicatrix_17 said:

1. What can i expect from deferred prosecution? how much in fees, how long of probation, how many hours of community service?

Click to expand...

It all depends on what the DA is willing to offer. My guess: around $300 in fees, about 6 months probation, and a substance abuse class. I have no guess on community service.

2. I didn't get the "grasping for straws" joke but in all seriousness if i go to court and they don't have the evidence of my <1/2 gram bag of weed can i walk since they dont have the evidence?

Click to expand...

"Grasping for straws" is an idiom indicating that you're wishing for something that has a very low probability of occurring. They will not lose your evidence, you will not walk.

3. Can my dad represent me in court without a law degree, and since I'm 18 (17 time of arrest).

Click to expand...

Unless your father has uncanny knowledge of AZ drug law, I would highly suggest politely asking him to support you, but to stay out of it. There is nothing your father can say to get these charges dropped.

4. would a public defender be able to get my off chalanging the search or at least lessen the charges to a juvenile since i was 17 at the time of arrest?

Click to expand...

He'd have to be a pretty darned good lawyer to pull that off, and I'm fairly certain he's not going to try. A public defender is only going to try to get you the best plea bargain in this situation.

5. My dads ex wife is a judge in the juvenile courts and in her opinion theres a good chance my case will be dropped, how long until you think im in the clear?

Click to expand...

You're asking for the future to be predicted. Nobody here can give you odds on your case being dropped. However, I will say that it's not likely because although AZ is lenient on first time offenders, they also want to scare you straight.

Will i be notified if my case is dropped? Do i have any rights to a speedy trial?

Click to expand...

If your case really is dropped, yes, they should inform you. Yes, a speedy trial is promised to you by the constitution, but it won't mean what you expect it to mean and it's really not worth dwelling on in your particular situation.

This is one of the few times I'd say this, but you really don't need to have a lawyer for this. The state will offer you deferred prosecution, and if you complete it then the charges are dropped, and from what you've explained on your situation I'd really say you were an idiot if you tried pleading not guilty instead of taking them up on their generous offer. Yes a local attorney is nice because they know relevant statutes and case law (though I'm sure there's not really anything to get you out of this), and they do know what the courts want to hear so having one is an advantage (having your dad represent you will not do great things for you), but you really don't need a lawyer for this.