Andrew, thank you for the additional information. Yes, you can always challenge and contest the alleged weight of the marijuana and it could be weighed, to determine the exact amount. The penalties which can be imposed vary based upon the weight, so if you had under 2.5 grams, that is certainly something you want to attack, so the proper charge is filed. The State can always amend the charge, as needed and it is possible that the amount written on the notice by the court, was an error. With that being said, when you appear, you can certainly address this with the prosecutor and the Judge. As far as your previous DUI charge, it is something that will be seen by the prosecutor if a plea offer is made or when being sentenced by the Judge, if you went to trial
and lost but should not be something that should result in jail time being sought. If anything, the court would be more inclined to impose another probationary sentence
, like in the past. At the same time, you could inquire with the court about any type of diversion program that they may offer, which could result in the charge being dismissed or amended, to have less of an impact on you. Seeing how you have the previous DUI conviction, this could possible disqualify you if they do, but it would be at the discretion of the State.
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