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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25476
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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hello. I was on the buffalo river this past weekend and was

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hello. I was on the buffalo river this past weekend and was caught by wayne county drug task force in possession of a marijuana butt (or roach if you will) and just by association by proximity my fiance was also given a citation for having a little over a gram of marijuana on her person. we were complient with the officers and let go with the citations...I am trying to figure out how to beat this down to nothing...while i am happy i did not go to jail, I also do not want probation for me or my fiance. to give perspective to the situation, the river was high and moving fast. i saw more people tipping their canoe's this year than any of the years i have been combined. very dangerous stuff...I helped well over 15 people get their canoes back up and belongings such as life jackets, oars, food, etc back to them. and I didn't tip my canoe which easily puts you up their in most responsible and alert people out there that day. what are my options. -jcm2010
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Chat Conversation Started
FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

$250.

FranL :

$250.

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

$250.

FranL :

$250.

FranL :
FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

$250.

FranL :
FranL :

Nice try, but I don't think Tennessee would agree that just because you're a helpful guy and a better canoer than most you deserve the right to possess controlled substances. Marijuana is not decriminalized in your state. ANY amount of it in your possession is an misdemeanor punishable by up to a year in jail and a minimum fine of

FranL :

$250.

FranL :
Expert:  Zoey_ JD replied 6 years ago.
Chat Conversation Ended

Your expert is gathering additional information and will be back with you shortly.
Expert:  Zoey_ JD replied 6 years ago.
I think Live Chat has gone mildly haywire. I meant to answer the question but not to repeat it 5 times over. Sorry about that.

BotXXXXX XXXXXne is I see no basis for a dismissal. A lawyer might be able to bargain this down to a non-drug offense. It will depend on a lot of circumstances. But what's good abou diversion is it keeps this off of the record. Even if the state agreed to just charge you with disorderly conduct, that would be a class C misdemeanor conviction and your RAP sheet would still reflect that the case started off as a drug charge.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
Customer: replied 6 years ago.

if what i am dealing with is just maybe a fine with probation...( i am aware of the possibilty of jail, but with no priors i would like to doubt this possibility, call me naive) is there anyway to confess to my fiance's charge at court? it was really my fault that got us caught...she wasn't even in my canoe. and the stuff she had was mine anyways.

Expert:  Zoey_ JD replied 6 years ago.
The only way you'd face jail on a first marijuana misdemeanor possession would be to warrant on your court date, violate probation, or go to trial and lose. A plea bargain offer would be non-incarceratory. Diversion is probation (can be unsupervised) but you work off the conviction. That's good unless you are self-employed and don't think you'll ever care about what turns up on a background check.

As to your fiance, you could try to take the weight for both of you, but the fact that it was on her person would still make it possession, so I don't know that the prosecutor would agree to that. They certainly have the power to agree to it and to drop charges against her. But the prosecutor is the only one who could make you a deal like that. It's out of the judge's hands.

I've been able to get that for some clients of mine but not for others. It's going to depend on the facts of the case, both of your backgrounds and how eager your prosecutor would be to dispose of the case quickly. I think you'd have a better shot through a lawyer than negotiating that for yourself.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
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