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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is there any way to avoid misdemeanor marijuana possession

Resolved Question:

Is there any way to avoid misdemeanor marijuana possession and ingestion charges in South Dakota to prevent losing my financial aid?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.


If there's no defense to the charges, your best option is to try get into the pre-trial diversion program. You can try to speak with the prosecutor about this, but your best chance is to hire a local criminal defense attorney to try to work a deal with the prosecutor (because it's likely that the prosecutor won't talk to you about the case).


The pre-trial diversion program keeps the charges from going on your record if you complete the program, which usually involves probation, community service and a fine.

Customer: replied 6 years ago.
The other thing I have about this is this. I was arrested for the same offense in Iowa in 2003. I have not had any similar charges since. I know it probably doesn't matter much to the court, but I honestly haven't touched the stuff since then. I was arrested last Tuesday for a small bud in my pocket that I honestly received from a friend of mine as a birthday present for my birthday which was a day before. I did smoke with him the day before, but had not touched anything other than that one time. I know I'm probably rambling and won't matter in the courts eyes. I'm just very nervous this stupid mistake may cost me my financial aid to complete my schooling. I'm a 3.4GPA student, so school is no joke for me. Until today I wasn't even aware that the charge could cost me my financial aid until a friend asked me about it. Would any of this weigh for or against me?
Expert:  Roger replied 6 years ago.

Pre-trial diversion is usually available only to first time offenders. However, because the first offense occurred in another state, it may be that you can still qualify.


Because of this wrinkle in the situation, I would recommend that you definitely consult a lawyer to assistance in getting this thing handled without going to court and getting convicted.

Customer: replied 6 years ago.
Ok. The other thing I was curious about was the fact that i'm being charged with ingestion. I was arrested for the possession, but the officer asked when the last time I had smoked any and I stated it was in fact a day or two before. I didn't even know I could be charged with this. Is this something they were able to charge me with and, if so, would they most likely drop the charge? They had me take a U.A. after bringing me to the station. I thought this was a charge only given if you're caught in the act at the time of the arrest which I wasn't???
Expert:  Roger replied 6 years ago.

If there's no proof that you've ingested any drugs - no officer saw you do it and there's no valid evidence that this occurred, I think you have grounds to challenge this charge.


However, the possession charge is the most pressing issue.



Customer: replied 6 years ago.
So just me answering his question that I smoked a day or two before isn't grounds for the charge? I do agree that the possession charge is the most pressing issue.
Expert:  Roger replied 6 years ago.
No - admitting that you smoked a few days before should not be enough to sustain a charge of ingestion because the officer didn't see this and there's no proof other than your statement - I don't think this charge is sustainable.
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