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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86685
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was stopped in princess anne MD. for aa traffic violation

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I was stopped in princess anne MD. for aa traffic violation for speeding and the trooper said he smelled marijuana.According to the report that i just received yesterday they are using the findings against me. net weight=0.6grams. They are trying to give me a year in jail an 1000.00 fine. i have never been in trouble before so this is my first offence. What do i need to do please.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

I am very sorry for your situation. Can you please tel me:

1) did they actually find any marijuana in your vehicle and/or on your person?
2) how old are you?
3) was there another person in your vehicle?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

he stopped me and said i was speeding but the ctation says i was doing 55 . Then he asked me to get out the car and he said that he wanted the dog to walk the car. then he came back to me and said he smelled asked me to empty my pocket. when i did there was a small bag thwith no prior records. never been in any trouble. it ws my birthday that night.at may have had some in it at some time but i was not smoking that night.


 


I am 24 Yes ther was another person in the car and the bag was in my shorts that was uner my jeans

Expert:  Ely replied 1 year ago.
Thank you.

OVERVIEW
First of all, understand that because the peace officer found the baggie on you, it is presumed to be yours. Unless one of your friends steps up and admits that it actually belonged to them, that presumption may stick.

You are charged with "disorderly person" offense. Possession of 50 grams or less is a "Disorderly Person" offense punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000. Section 2C:5-10(a)(4) of the New Jersey Statutes Annotated. However, understand that this is THE MAXIMUM sentence one can get. Very rarely is this actually imposed, especially if this is your first offense.

"WHAT DO I NEED TO DO"
Someone in your situation either needs to (1) retain counsel or (2) ask the Court for a public defender if you cannot afford one. However, the Court will expect you to have attempted to try to find an attorney you can afford, so, do collect the cards of whomever you speak with to be able to demonstrate to the Court that you have spoken with several attorneys. If you still simply cannot find one that you can afford, the Court may appoint a public defender.

May I recommend the NJ Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. many will work on payment plans.

CHOICE TO MAKE
Now, once this is done, you will have a choice:

1) make a plea deal; or
2) go to trial.

If you make a plea deal, it will be off whatever the prosecutor and your attorney negotiate and you agree to. You also may be eligible for a deferred adjudication program called a conditional discharge. This is typically reserved for first time marijuana possession offenders, and it means that the charge is essentially dropped, with no conviction, in exchange for a probation period that is completed successfully.

Or, you can go to trial, but if you do, claiming "it was not mine even though it was on me" is unlikely to be a good defense, I am afraid.

Good luck!

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86685
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you

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