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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 11958
Experience:  Experienced in multiple areas of the law.
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Have a mis demeanor marijuana charge ms and there

Customer Question

Have a mis demeanor marijuana charge for flowood ms and there saying up to a 1000 dollar fine
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No thought it will cost me more for a lawyer
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. OK. The Criminal Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Had 5grams in the trunk of my car have it to them and they wrote me a soppena to court and I went in and plead not guilt cause they said it was up to 1000 dollars and they didn't take payment plans and I only had 600 dollars
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: Cop swore I had out something in my pants made me info my pants he told me if I showed him where it was it would just be a ticket and then it was a sopena
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Please tell me: 1) was a deal struck that your case would be dismissed if you paid $1000? Or what happened, exactly?2) Did you pay any portion at all?3) What exactly are you asking? 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 5 months ago.
Didn't pay anything I plead not guilty. Wondering if it really is up to a 1000 dollars and what I should do
Expert:  Ely replied 5 months ago.
You are in Mississippi, right?How much marijuana did they catch you with? Is it just possession, or intent to distribute as well?
Customer: replied 5 months ago.
5 grams in my trunk it says poss.of mari./vehicle
Customer: replied 5 months ago.
Yes in flowood ms
Expert:  Ely replied 5 months ago.
Is this your first offense?
Customer: replied 5 months ago.
Expert:  Ely replied 5 months ago.
I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Expert:  RobertJDFL replied 5 months ago.
Thank you for using Just Answer. New expert here.It is not up to a $1,000 fine. It is illegal for someone to keep between one and 30 grams of marijuana on their person or in a vehicle (in an area normally occupied by passengers, such as a glove compartment; but not, for example, in a trunk). Penalties include a fine of up to $1,000, and up to 90 days in jail. (Miss. Ann. Code § 41-29-139(c)(2)(B).) Instead, this would be a regular possession charge. Up to 30 grams in Mississippi for a first offense carries a maximum penalty of a $250 fine. If you need clarification or additional information, please reply and I'm happy to assist further. Thank you.
Customer: replied 5 months ago.
I thought I was 250 dollars to for a first offense but they said 1000 dollars
Expert:  RobertJDFL replied 5 months ago.
No, look at the statute I provided. They're saying up to $1,000 because the penalties for carrying up to 30 grams in a vehicle are up to $1,000 if it's kept in an area occupied by passengers. They found the marijuana in your trunk --which is not normally where passengers would be, so that statute cannot apply, and if you were charged under that statute, I'd say you have a very good argument against conviction.
Customer: replied 5 months ago.
So what should I do it would probably cost me even more getting a lawyer
Expert:  RobertJDFL replied 5 months ago.
A first or second conviction, according to the law, does not get reported and does not go on your record. A private non-public record is forwarded to the state and kept on file for two years, then it’s expunged. That’s what the law says, however I wouldn’t assume everything’s just going to work out that easily. That doesn’t mean that the conviction won’t be found by an employer (and it is a conviction). Better to be more proactive on the front end and try to get it expunged earlier. Rather than plead guilty, look into having the charge deferred or remanded which means no guilty plea, no conviction, and you can have it expunged sooner. Courts have different procedures for doing this but basically it means a short-term period of probation, possibly 3-6 months, perhaps a drug test or drug awareness classes, then the charge is dismissed and you can petition the court to take it off your record. Another problem with pleading guilty to a drug crime, even if it later comes off your record, is that your license can be suspended for six months. You can petition to get a hardship license but that means having a separate hearing and court date from the criminal case.A lawyer might cost you some money, but it's worth it to avoid a conviction on your record, because you don't want that showing up on a background check, even for something so minor. I don't know all the facts and circumstances of your case, and I can't legally advise you because I'm not your attorney. My best piece of advice to you is this --before your court date, have a consultation with a private criminal defense lawyer and talk to them about your options and what they think, how judges in your area usually dispose of such cases, etc. Many, if not most criminal lawyers, offer free or very low cost consultations, and there's no obligation to hire them.
Expert:  RobertJDFL replied 5 months ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Expert:  RobertJDFL replied 5 months ago.
If you have no further questions about this matter, kindly remember to leave positive feedback, as that is the only way experts are compensated for our time. Thank you.

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