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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I received a misdemeanor ticket for possession of marijuana

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I received a misdemeanor ticket for possession of marijuana and paraphernalia. Considering that this was a 1st offense, I would like options for how the charges may be removed from my record if at all possible. Also, can anything be done to get the fine reduced? It is currently over $1,300.00.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Have you been convicted yet, or is this still pending?





Customer: replied 4 years ago.
Thanks for your response. This is still pending. I was not arrested, and my court date is June 30th. I was told by the court that I could mail the fine with a letter pleading no contest and I wouldn't have to go to court. However, they provided no option for the possibility of getting it off my record. I'm currently a graduate student in Atlanta, GA, and am very concerned about this charge being on my record.
Expert:  Ely replied 4 years ago.
Yeah, if you mail them a letter pleading no contest, you get a MISDEMEANOR CONVICTION ON YOUR RECORD!Plead NOT guilty. You are a good candidate for something called deferred adjudication. Deferred adjudication (also known in some counties as "diversion") is a type of probation that does not go on your record as a conviction. The probationary period usually consists of community hours, a few self-improvement classes geared towards the offense, drug tests, etc. Time period varies depending on charge and deal worked out with the defense. Now, def.adj. does go on your record, but not as a conviction, and once you complete it, it can be wiped from your record either with a Motion for Expungement or Motion for Sealing of Record (depending on your state). Have your attorney ask for this, or ask yourself if for some reason you are not afforded an attorney and choose not to retain counsel. This is a good program, and the worst thing the DA can say is “no,” but even then, you begin talking about bringing the charges down, etc. You’ll be surprised how willing the DA will be to work with you – they often have a full docket and they’ll be happy to “move” your case to make room for more serious matters.Go there. Give yourself plenty of time for parking and passing the security scans. Dress nice - semi-formal. Don't wear sunglasses, don't wear bling, don't chew gum, and turn off your cellphone, i.e. use your head. Impressions count here. No need to be formally dressed, but a nice blouse/shirt and slacks go a long way. No hoodies - that's for gangsters. You want to distance yourself as much as possible from half of the defendants you'll be sitting with to show you're not part of the idiot brigade for who this is a rite of passage.

They might take a while to get to you - don't sleep - you're not allowed to sleep in court. Don't rest your head on the side of the court wall. If you need to step out to call or to use the restroom, tell a bailiff first so they will sign you out. Be nice and courteous. Call everyone sir, ma'am, and the Judge - "Your Honor."

On your first hearing, after roll, get the bailiff's attention and ask the bailiff to tell a DA that you wish to discuss your case and want to waive your right to an attorney for this one time. The bailiff will tell the DA, and the DA will come over to talk to you.

If you can't come to an agreement in regards XXXXX XXXXX deferred adjudication I mentioned earlier, reset the court and hire an attorney to do the negotiating.



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88122
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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