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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i was pulled over for tail light out. as he asked for my information

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i was pulled over for tail light out. as he asked for my information he said he smelled marijuanna. i told him i had an expiered card . he asked to search my car. i did let him. he put hand cuffs on me and put me in the back of the car. arresting me. he did not read me my rights. now i have a ticket for possession. what can i expect . shouldnt my right have been read to me?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

It does not sound as if the officer had to read you your rights. People who are not lawyers frequently misunderstand Miranda. Rights do not have to be read in every case. Rights only have to be read if after you are arrested, you are interrogated about the incident by the police. If you were never questioned about the incident, Miranda simply does not apply.

Possession of any amoutn of marijuana in Michigan is a misdemeanor with a maximum penalty of a year in jail, a fine and a mandatory 6 month suspension of your driver's license, However, if you have had no previous contact with the law, you are eligible for a program that could result in a conditional discharge. That is, you could get a special form of probation where you would pay fines, do community service and stay drug free during your supervisory period, but once you completed everything successfully, the charges against you would be dismissed so that you don't have to carry a conviction on your record.

As this is not an "automatic" even though it's a typical first marijuana offer, you ought to have a lawyer in case this would have to be negotiated for you or, for that matter in case you want to fight the case because you were not using/did not have marijuana.

If you can hire a lawyer, get him on this sooner rather than later so that this can be worked out before your court date if at all possible. If you can't, when you show up in court, you would plead not guilty to the charge to keep all of your rights open and ask the judge to appoint you a public defender.
Customer: replied 1 year ago.

how m uch of this is public information? i am 49 have no legal history. will i have an arrest record even if i can pass the probation requirements? what type of laywer do i need?

Expert:  Zoey_ JD replied 1 year ago.
Hi,

You would need a criminal lawyer.

If you got the disposition I spoke of, your criminal record would show an arrest and a dismissal. You can talk to your lawyer to find out if it can be sealed down the road but it would not show a conviction so you would be able to say you'd never been convicted of a crime, so long as you don't get into any further trouble..

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17332
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.