Very small amount marijuana possession

[firstoffense]

I am located in Nebraska. I recently was charged with possession of a very small amount of marijuana. I am 23 years old and have nothing on my record, not even a speeding ticket. I was under the impression that for amounts less the one oz. in Nebraska it is only a ticket (civil citation) and a fine for no more then $100.00. However, I have to go to court and the cop said it would be a misdemeanor. Should I get a lawyer? What should I expect when I go to court? When the cops came to my apt. they said they could smell marijuana and asked if I had any left. I said I had a little, and gave them the little I had. Very small amount less then 1/8 oz. They thanked me for being co-operative. Previously I had had two other run ins with police officers while smoking marijuana and both times they just confiscated the small amount I/we had and left it at that. No fine, no ticket, nothing. I don't want any trouble, and I am guilty of this but I would like to know what I should do.

Thanks for any advice you can give.

 

[HomeGuru]

I am located in Nebraska. I recently was charged with possession of a very small amount of marijuana. I am 23 years old and have nothing on my record, not even a speeding ticket. I was under the impression that for amounts less the one oz. in Nebraska it is only a ticket (civil citation) and a fine for no more then $100.00. However, I have to go to court and the cop said it would be a misdemeanor. Should I get a lawyer? What should I expect when I go to court? When the cops came to my apt. they said they could smell marijuana and asked if I had any left. I said I had a little, and gave them the little I had. Very small amount less then 1/8 oz. They thanked me for being co-operative. Previously I had had two other run ins with police officers while smoking marijuana and both times they just confiscated the small amount I/we had and left it at that. No fine, no ticket, nothing. I don't want any trouble, and I am guilty of this but I would like to know what I should do.

Thanks for any advice you can give.

**A: what you should do is take the same amount of pot to court. Then when your name is called, stand up say "Present" and "Your Honor, may I approach?" Then say you are guilty only of a small crime because you had very little pot at the time. Take the pot out of your pocket and say in a loud and clear voice "I am presenting the evidence and request that this be marked Exhibit A" Then wait patiently for the Judge to issue further instructions.

 

[firstoffense]

Is this all these forums are for? Sarcastic people making fun at other's expense? I'm truly asking for some advice. I do not appreciate you're joke at my expense. Can someone "serious" please help me.

 

[BillyBG]

What you should do? Go to court.

 

[firstoffense]

No kidding... Anything I should expect? I was hoping someone might have an idea what will happen.

 

[BillyBG]

Anything you should expect? Expect to wait in line until your case comes up. Expect talking to the prosecutor/judge and having the judge give you your sentence. Expect to stop by the court clerk's office to handle your fine/paperwork.

 

[firstoffense]

Oh, that's it? Any ideas as to what my "sentence/fine" may be? Thank you for helping, I've never been to court before.

 

[sdstrooper]

Here's Nebraska's punishment "scale" from their website. I'm not sure what the exactly what class of misdemeanor your ticket is, but you can get the idea.

Class I misdemeanor...... Maximum -- not more than one year
imprisonment, or one thousand dollars
fine, or both
Minimum -- none
Class II misdemeanor..... Maximum -- six months imprisonment,
or one thousand dollars fine, or both
Minimum -- none
Class III misdemeanor..... Maximum -- three months imprisonment,
or five hundred dollars fine, or both
Minimum -- none
Class IIIA misdemeanor.... Maximum -- seven days imprisonment,
five hundred dollars fine, or both
Minimum -- none
Class IV misdemeanor...... Maximum -- no imprisonment, five
hundred dollars fine
Minimum -- one hundred dollars fine
Class V misdemeanor....... Maximum -- no imprisonment, one
hundred dollars fine
Minimum -- none

 

[firstoffense]

Thanks! I read on www.norml.org that first offense for less the an oz. is just a ticket with a $100 fine with possible drug education class. There it says "civil citation." If this was the case I wasn't sure why I would have to go to court. Must be to decide whether or not it would warrant a referral to the "drug education class."

Also, what is the difference between a misdemeanor and a civil citation?


Thanks again for the response. I really appreciate it. I don't understand why so many of the threads on this forum have people rediculing and insulting those that post looking for help.

 

[calatty]

The NORML site is right. Nebraska statute 28-416(13)(a) says: "Any person knowingly or intentionally possessing marijuana weighing one ounce or less shall: (a) For the first offense, be guilty of an infraction, receive a citation, be fined one hundred dollars, and be assigned to attend a course as prescribed in section 29-433 if the judge determines that attending such course is in the best interest of the individual defendant." Cops don't always know the laws. I think you're right that the court date is to see if you need drug education. An infraction is less serious than a misdemeanor, and has a different legal effect in some contexts.

 

[firstoffense]

Again thank you so much. I appreciate the straightforward answers I have received. I'm sorry for the questions, and I do apologize if they seem simple and obvious to you. Bear with me if you may, what exactly are the differences between an "infraction" and a misdemeanor?

Any idea as to what kind of questions the judge may ask me? As I mentioned before I've never been to court before for anything, so I'm just a little nervous. Any other advice before I leave you all with all my questions that betray my ignorance in these matters. I do appreciate this all so very much.

 

[calatty]

Generally, an infraction is an offense for which you can only get a fine, a misdemeanor can involve jail time, and a felony means state prison. There may be other collateral differences, like whether they can be used in court against you in a later proceeding. I don't know what happens in court on a marijuana citation in Nebraska. You might have to fill out a form discussing your drug use, or be sent automatically to drug education class.

 

[DOMKAT5]

POSESSION

Again thank you so much. I appreciate the straightforward answers I have received. I'm sorry for the questions, and I do apologize if they seem simple and obvious to you. Bear with me if you may, what exactly are the differences between an "infraction" and a misdemeanor?

Any idea as to what kind of questions the judge may ask me? As I mentioned before I've never been to court before for anything, so I'm just a little nervous. Any other advice before I leave you all with all my questions that betray my ignorance in these matters. I do

I DO NOT THINK YOU SHOULD APOLOGIZE FOR ASKING A SIMPLE QUESTION.MY SON WAS STOPPED 2 WEEKS AGO FOR A SMALL AMOUNT OF POT.HE HAS TO GO TO COURT.I HAD QUESTIONS BUT THE PEOPLE THAT RESPOND HAVE NEVER MADE MISTAKES SO THEY JUMP ALL OVER PEOPLE.I WAS NEVER A POT SMOKER AM 56 NEVER SMOKED WHEN IT WAS THE THING 20 YEARS AGO.BUT THE LAWS ARE A JOKE.THERE. WOULD BE NO NBA IF THEY STOPPED ALL THE STARSpreciate this all so very much.

 

[Son of Slam]

Re: POSESSION

THE PEOPLE THAT RESPOND HAVE NEVER MADE MISTAKES SO THEY JUMP ALL OVER PEOPLE.

I feel I must respond to this, but why?

 

[divgradcurl]

"PEOPLE THAT RESPOND HAVE NEVER MADE MISTAKES SO THEY JUMP ALL OVER PEOPLE"

Look, there are two types of mistakes:

If you leave your keys locked in your car, or forget to turn your headlights on, or make an arithmetic error when balancing your checkbook, these are the first kind of mistake. Everyone makes these, and nobody jumps all over everybody for them.

But the second type of "mistake," such as "I usually hide my drugs at home, but I forgot and left some in my pocket" or "I usually make it home alright after drinking, but I forgot where the cops hide out and got stopped" are not "mistakes" that people who obey the law make -- that's why they get jumped all over.

If you are upset because you got jumped all over because you made the second type of "mistake," I've got some news for you -- there are a LOT of people out there, probably the overwhelming majority of people out there, who can get through life quite easily without making one of these types of "mistakes."