Just take deferred sentence?

[justthere]

What is the name of your state (only U.S. law)? Oklahoma

Charge: misdemeanor, possession of paraphernalia

Pretty much long story short. My lawyer advised me just to take a deferred sentence and pay the fine (likely 90 days to 6 months of unsupervised). (even though he said it would be a 'slam dunk' to get this case dismissed). Instead of fighting the charge because it would end up costing me more. My concern is that I was actually not in possession, another person there attempted to make claim to the item, but I do not think the officer believed him. And I'm a recent (as of yesterday!) college graduate and worried about this pending charge affected my job search.

There's just something about just taking the deferred sentence that I don't feel good about. But I really can't afford an attorney.

Also of note I was never arrested, only cited.

 

[JETX]

There's just something about just taking the deferred sentence that I don't feel good about. But I really can't afford an attorney.

What drugs are you abusing now??

Your post say you have an attorney... yet you say you "can't afford" one. So do you or do you NOT have an attorney??

As for asking us to decide the future of your life.... if you are guilty, rely on your attorney. If you are NOT guilty of the charge, fight it.

 

[justthere]

yo....

Sorry I probably should have clarified a few things.

This was obtained by a phone call to a lawyer, i guess I don't have one myself.

The drug involved was cannabis. Other people were with me. I don't smoke (this is honestly the truth, I had in the past but quit because I was looking for a job), and none of the items in possession were mine (other parties there said "that is not his" but no one would claim responsibility so I was informed I was liable. Mainly my concerns are
1. Is being aware of paraphernalia in a home of multiple residences grounds for me being charged with possession.
2. Can other parties involved attest to the item not being mine and get the charge removed without admitting it was there's. (I was the only one charged with paraphernalia, everyone else was charged with possession.)
3. I did tell them items I was aware of, but this was LONG after I was handcuffed being detained etc. no rights were read.
4. I never admitted to owning any of the items.

This is my problem, the guy I called said "just whatever you do, don't take a conviction". I can get into more details if need be.

I know this is said all the time, but I honestly did not have possession or owned them. I just feel really uncomfortable, plus there is other issues (i was the only non-white in the room and the only one handcuffed and the only one interrogated in a non-friendly manner because i had not admitted that any item was mine, multiple police entering rooms for extended period of times without permission). I simply just moved into this home just for a few months cause I needed a place to stay, I'm not on the lease. There's three other roommates, and one of them deals with all the land lord issues, it is clearly "his place" I think he should be the default on who the items go to.

PLUS, officers took a jar that was completely not used for cannabis. But, put one of the other people's cannabis inside the jar, he had just believed I had used it to store cannabis because it had a cannabis reference on it. (honestly since the item was in my possession it had not been used for cannabis, and I had washed it numerous times). My fear is I was aware of it, received a lighter ticket, if being aware makes me guilty of possession of paraphernalia, if I attempt to fight it maybe harsher charges will be put on me.

Again, the main concern is the look to employers of pending charge vs deferred, and in six months it gets expunged, and of course the cost. I hope that clears things up. Please understand my frustration with this, it's just that if this occurred a few weeks ago, I would just say take the deferred sentence, but it's the frustration of honestly cleaning up (I HAD given away or destroyed almost all illegal items I may have had within the past few weeks) and I am moving out June 23rd (already set before this incident), clearly actions that I was done with this lifestyle, and get in trouble now.

 

[InsaneJane]

Plead inocent,
The only good deal would be if the DA hold with no finding for a given time (6 months or a year) then it would disapear.

Just my Sat. afternoon advice.

 

[justthere]

Yeah, but this falls just into what I'm talking about. All I wanna do is talk to a lawyer just to see if I could be found innocent, but even that costs money.

I know I'm being stingy, but I can't afford the 100 or so it would cost for him just to tell me sorry tough luck. The one I contacted honestly said "This is cutting into my time", which I think was because it was such a light charge and I was never arrested and booked. Maybe I have a misguided sense of the law, but doesn't pleading innocent open me up for a harsher charge and or sentence (it can be up to a year in jail).

Also does pending cases still appear on criminal records? What if an employer searched my name on OSCN, wouldn't it be there?

 

[StevenJ_420Law]

If you cannot afford to fight it but you want to fight it, have the lawyer take that up with the judge. If you cannot afford an attorney, one will be appointed and that appointment may even be your attorney. You do not have to take a plea simply because you cant afford to fight.

DEJ, with likely a modification program and at least a minimal amount of drug testing is ok unless you intend to screw it up. If you mess up a single time on DEJ they impose sentence. Lord only knows what that might be in Oklahoma. If you complete it, your case will be dismissed. But that doesnt mean that a records check wont show that you plead guilty to a paraphernalia charge, completed DEJ and had the case dismissed. In other words, it can still follow you a bit.

There will be no finding of "innocent". You are either guilty or not guilty. If a jury finds you guilty, you can expect a stiff sentencing. I have no idea what that would be; although from what I know, I consider the south's cannabis laws barbaric.

 

[justthere]

update

Hey guys just wanted to update you.

I casually spoke with a lawyer, he informed me that since I'm not signed on the lease (ironically the other three roommates are), and handcuffed immediately upon entering, regardless of the fact I was not issued my miranda rights (I had not been, but still unsure if this could have qualified as a time when they did not HAVE to), voids everything I said, and gets me off the hook for items in the house, it's a done deal. (not to mention another attorney said 'honestly if you just lay out your case, show you intend to fight it, it will probably get dropped) Honestly we only talked for about 3 minutes, he informed me of the cost which is about the same as the fine. We're gonna meet on monday and discuss details.


I don't know why I had not thought of this before. I knew something was not quite right about all of this. I just felt stupid and beat and that I had to take it I guess. Sorry the situation was just so deflating I think throughout the day just the generally feeling of 'I have rights' slowly began to come back to me. Thank guys.