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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25874
Experience:  10+ years defending Misdemeanor and Felony cases.
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First time offender - arrested for possession of marijuana

Customer Question

I am trying to determine how to handle my daughter’s upcoming court case
She was arrested in New Hampshire, but we live in MA, and she attends college in MA.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 months ago.

What is she charged with? Is she a first time offender?

Customer: replied 7 months ago.
She is an 18 yr old college student, never been in trouble in her life. We was arrested for possession of marijuana.
Campus police showed up at the door and said there was witnesses that were willing to testify saying she and her friend were seen smoking pot. He asked to go into the room because he could smell pot and he asked for the pot. They let him in, opened up their trunk and gave him the marijuana they had left along with a grinder and a bong. I believe they had a total of 12 grams of marijuana. He told them that the charge would be removed from their record in a few months. They were taken to the station, finger printed, mug shots, and then they bailed themselves out and were told to go to court on Sept 22. I am not sure what to do now and how financial aid will be impacted.
The Charge on the bail sheet just says possession of drugs.
It does not say the amount, or any other details of any sort. I would imagine the police report has all the information but the only paperwork she has is the bond paper.
Expert:  CrimDefense replied 7 months ago.

Thank you. As a first time offender, she can likely ask and enter into a diversion program, to get the case dismissed. Of course, she has ever legal right to fight this, if she has a legal defense and if you want to act in her best interest, you can retain private counsel for her. They will look over the facts of the case and see if she can fight this or it is best to resolve this with some type of plea deal. If campus police showed up, this can and likely will be reported to the college as well and she may have to take drug classes imposed by the school.

Customer: replied 7 months ago.
If we ask to enter a diversion program to get the case dismissed, does that mean that she would have to enter a guilty plea? Or do we ask for that before we go in front of the judge?
Expert:  CrimDefense replied 7 months ago.

She would ask for it when she appears in court. The prosecutor assigned to the case will advise the plea which she needs to enter at this time, prior to the case being dismissed.

Customer: replied 7 months ago.
we do that before we go in front of the judge?
Expert:  CrimDefense replied 7 months ago.

At this point, she needs to appear on her court date. She can arrive early and speak with the prosecutor and advise she wants to enter into the program if it is offered. They will then admit her and go over the requirements.