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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I am a 22 year old white male. I work 40 hours a week in IT

Resolved Question:

I am a 22 year old white male. I work 40 hours a week in IT and am in good standing at my job.

Yesterday I was pulled over by an officer in my county of residence in Indiana. I was nervous because I had some marijuana in the car. The officer noticed my nervousness immediately and asked if he could search the car. I said I did not consent to any searches. He said he would bring the dogs. He said if I had nothing to hide, then I should just let him search the car. Finally he said if I had a small amount of marijuana or something he would forget about the ticket and we could work it out.

Perhaps I messed up here, but I finally broke. I opened my center console and pulled out my little glass jar with half a gram of marijuana. He took the jar and conducted a search on the rest of my car for anything else I might be hiding, which was nothing.

I was given a Class A misdemeanor for possession of marijuana less than 30 grams, for which I plead guilty. This is my first offense. I have no criminal record prior to this. I am currently awaiting a court date. The papers should arrive in the mail.

I understand that the maximum penalty for this crime in Indiana is 1 year in jail and a $5000 fine. But what are my chances of receiving a conditional discharge for first offense?

And even if I receive the conditional discharge, what other penalties might I face? Am I likely to get my driver's license suspended, vehicle registation removed, probation, or fines?

I should also say that I may have to use a Public Defender. I haven't found a criminal defense lawyer I can afford to pay up-front.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

So you were not charged with a driving under the influence, only the possession of a minuscule amount of pot, correct?
Customer: replied 1 year ago.

Correct. The only charge was for possession. I was not inebriated and I think the officers could just tell, as they didn't even ask if I was high.

Expert:  Sam replied 1 year ago.
Hello

Thank you

Then I suggest that you are not in jeopardy of having your license revoked or suspended.

Addtionally, even with the services of the PD you should be able to get a deferred prosecution or at the very least a deferred adjudication.

The difference is a deferred prosecution means unless you are charged again with any type of crime, this will never come to court.

The deferred adjudication means you are placed on a probation, have to attend substance abuse awareness classes and be successul on those terms and then this matter does not appear on your record as a conviction

I suggest, the best thing to do is consult with the Public Defender's office and see is you qualify for their services and mention those two options to see what the PR feels can be negoiated since you have no record and it was such a small amount of pot
Customer: replied 1 year ago.

Thank you so much for this reply. I really needed some peace of mind before I went into this. I really only have one more question.


 


What chance do I have of receiving a deferred prosecution or deferred adjudication if I went in alone? Without a lawyer or PD.


 

Expert:  Sam replied 1 year ago.
Hello

Well, your chances are minimized because anything you say directly to the DA can and will be used against you. So I cannot make those guarantees Because the DA does not have to communicate with you
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21877
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Understood. So I'll start saving money for a criminal defense lawyer right away, just in case I do not qualify for a Public Defender.


 


You have helped me greatly! You can expect a superb rating. Thank you for the insight :)

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