Criminal Law Questions? Ask a Criminal Lawyer.
Say we go with the tactic of pinning two people: one person claims the marijuana and another claims the mushrooms - does that strengthen the case for the others who must plea not guilty? What is the best type of evidence to show that those who plea not guilty were not in [constructive] possession?
The location is communal - how can we prove it was in a particular chair? Does the ranger write specifics like that in reports?
So for federal courts and because our citations were issued separately but as a group what is the procedure for our initial appearance? Do you typically see groups having the same court date or charged together? Is it similar to the state courts where in arraignment hearings groups of people with same charge are offered plea deals in exchange for fines and fees?
So recap: one or two people claim the substances, the others plea not guilty - is it possible for the claimants to push for pre-trial diversion because they are first time offenders or is that reserved for those who plea not guilty?
So those who plea not guilty and are first time offenders have no chance for an diversionary agreement? That means that those who plea not guilty will have to depend on the claimants testimony that it was indeed the claimants substances, and that they had no knowledge of the substances to cover them from constructive possession, correct?
What are typical punishments for the amount of one small canister of marijuana, two marijuana cigarettes, and one small canister of mushrooms if the proposed claimant(s) decide to pursue the plan? And is federal probation a possibility for punishment for the claimants?
So there's no criminal record if a fine is issued?
So there's pleading guilty, then the fine, and a criminal record. What is the level of criminal activity for those amounts of the substances? Infraction, misdemeanor or felony?
We do plan to hire an attorney, and are preparing by gathering information just like this.
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