Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The marijuana charge can be a class B misdemeanor
if there was less than an ounce which is punishable by up to 6 months in jail and up to about a $2000 fine and assessments. If you had more than 1 ounce then it is a class A misdemeanor punishable by up to 12 months in jail and a fine and assessments of up to about $4800. The open container is a violation and it is something that they wrote to try to establish probable cause
for looking in the backpack.
You know the obvious as you stated, the cost will likely be about $2500 or so to defend you on this and they will challenge the search based on not being done without a warrant and really without your consent. Also, as a first offender there is a potential that your attorney can negotiate a deferred sentence
where you would get probation and pay the fine and if you have no subsequent violations in 12 months they will dismiss the charge and allow you to keep your record clear of convictions. This is something your attorney has to negotiate for you and it is not automatic.
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