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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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I am on first offender program for a misdemeanor marijuana

Resolved Question:

I am on first offender program for a misdemeanor marijuana possession(small amount a cpl grams), I recently got a criminal citation for poss. of paraphernalia w/ intent to use. The arrest was in D.C. and the citation was received in Montgomery County, Maryland. Will the D.C. courts be notified of this, and is there a serious possibility of jail time?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

hi

 

as a first offense in MD, you only need to pay a fine - even though the misdemeanor will appear on your record. it is not a jailable offense.

 

if you are on supervised probation on the DC offense your probation agent can certainly pick up the offense on a "ticker" as it will be placed in a database. if you are not on supervised probation, then the DC courts will not be notified.

 

if you have a probation agent in DC and they do get it from the database, then the DC court can impose any suspended sentence - and in DC the penalty is 6 months -

 

Customer: replied 4 years ago.
I am not techically on probation so I don't have a probation officer but I do have a case manager. Would he be able to accsess this database? I am pretty sure that my case is still considered to be pending. If I was to complete my 1st offender program succsesfully, which will not be happening, they were going to drop the case. Do you think jail time is likely? I know it is ultimately up to the judge, but from your experiece what do you think is a likely outcome? Also thank you for your time and information.
Expert:  Samuel II replied 4 years ago.

hi

 

it is possible the case manager can obtain the database or has an established ticker the same way a PO would.

 

your DC case is considered pending until you successfully complete the terms of the probation and, yes, only then can the matter be dismissed.

 

i do not think you will be placed in jail for 6 months in DC for the probation violation. you may get written up and you will need to appear before the court. but given the amount of marijuana you had and depending on how long you have been on probation, and if you have a job i do not believe you would get jail time. it is possible the court would admonish you and make sure you are doing a substance abuse awareness program.

 

what can happen is the diversion is taken away and you can be placed on supervised probation

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22565
Experience: Handle criminal matters in both state and federal courts.
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Samuel II
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Handle criminal matters in both state and federal courts.