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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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What will happen if i plea guilty to possession of mariijauna

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What will happen if i plea guilty to possession of mariijauna under 50 grams and possession of paraphernalia? Its was a glass pipe. I was the driver of the vehicle.
Submitted: 6 years ago.
Category: Legal
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

As a general matter, pleading guilty straight-up will result in a drug crime conviction on your permanent record.

JB Umphrey :

Do not be surprised if you have difficulty obtaining a job in the future if the prospective employer conducts criminal background checks.

JB Umphrey :

Any terms of specific sentencing will be up to the discretion of the individual judge.

JACUSTOMER-s3dpp06f- :

they seized the vehicle because there was an odor of marijuana

JACUSTOMER-s3dpp06f- :

it was out of my site for hours before they got the warrant

JB Umphrey :

Okay. They may also try to "forfeit" the vehicle and offer to have you to "buy" it back from them.

JACUSTOMER-s3dpp06f- :

is that normal? they could search in anyway

JACUSTOMER-s3dpp06f- :

it*

JB Umphrey :

They could search it if you gave them consent.

JB Umphrey :

Or, they could search it if they got a search warrant.

JACUSTOMER-s3dpp06f- :

i did not give them consent to search. so they seized it and towed it away

JB Umphrey :

Right, and then got the warrant.

JACUSTOMER-s3dpp06f- :

but for all i know they search at back at the station and THEN got the warrant

JACUSTOMER-s3dpp06f- :

searched*

JB Umphrey :

To get a warrant, they have to go to a judge/magistrate and give probable cause as to why the vehicle should be searched (e.g., probable cause to believe why there's criminal stuff going on).

JB Umphrey :

I understand. You may find it helpful to hire a local criminal defense attorney to assist you. The attorney can get copies of all the police reports, evidence, etc. review it and then review your possible options.

JACUSTOMER-s3dpp06f- :

should i plea guilty? how long will i lose my license?

JB Umphrey :

Who knows, there also may be some audio/video files, too. Photographs, perhaps.

JB Umphrey :

I cannot advise you to plead guilty or not. That's a personal choice.

JB Umphrey :

However, you want to approach it so that you are making an informed decision.

JB Umphrey :

It's not possible to truly make an informed decision until you have an attorney obtain copies of all the police reports, copy of the search warrant, and other forms of evidence, review it, and then discuss your possible legal options.

JACUSTOMER-s3dpp06f- :

i dont want to hire a lawyer..they will find me guilty anyway and i'll have double the bills

JB Umphrey :

The attorney can also meet with the prosecutor and see what plea deals may be on the table for you to consider.

JB Umphrey :

The attorney may be able to assist you in resolving the matter in a way so that you do not end up with a public drug crime conviction on your record.

JB Umphrey :

Your driver license can be suspended for six months or more.

JACUSTOMER-s3dpp06f- :

sounds like a bunch of corrupt BS to me. i cant get my own case info but a hired lawyer can

JB Umphrey :

When a person is found guilty of a drug related offense under Title 35 or 36, N.J.S.A. 2C:35-16 carries a motor vehicle license suspension. This law reads as follows:


"A person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception. For the purposes of this section, compelling circumstances warranting an exception exist if the forfeiture of the person's right to operate a motor vehicle over the highways of this State will result in extreme hardship and alternative means of transportation are not available."

JACUSTOMER-s3dpp06f- :

and i am supposed to trust that the cops didnt search my vehicle THEN get the warrant

JB Umphrey :

I am not asking you to trust that.

JB Umphrey :

There is simply no way to make an evaluation one way or the other without first obtaining copies of the reports, warrant, and other evidence.

JB Umphrey :

....and then see what, if any, pieces do not fit.

JACUSTOMER-s3dpp06f- :

but i HAVE to have a lawyer...should i get a public pretender...i mean defender

JACUSTOMER-s3dpp06f- :

i make 35000 a year on the books

JB Umphrey :

If you are not able to afford to hire your own attorney, yes, you can ask the court to appoint an attorney for you.

JB Umphrey :

If you earn $35K, the judge probably will not find you to be indigent.

JB Umphrey :

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

JACUSTOMER-s3dpp06f- :

the judge is a douche and the whole system is bs...not to take it out on you. thank you very much you've been great

JB Umphrey :

I understand your frustration. I can only provide information to offer some perspective.

JACUSTOMER-s3dpp06f- :

i paid for this service last night... i should have signed up for the membership pne tme pay deal

JACUSTOMER-s3dpp06f- :

i will pay again for your time

JB Umphrey :

I appreciate it.

JACUSTOMER-s3dpp06f- :

i would like to get refunded but the site for one of them but not if it means you lose out.. thank you so much!

JACUSTOMER-s3dpp06f- :

by**

JACUSTOMER-s3dpp06f- :

not but*

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