Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

i am 27 years old, and in SC, last night a drug dog hit on

my car during a routine...
i am 27 years old, and in SC, last night a drug dog hit on my car during a routine traffic stop for a busted light, upon search the cops found 1/8th of a gram of marijuana and a pipe.

they let me go on my way with a $500 paraphernalia and $600 simple possession charge.

I drive for a living for a government contract carrying people to the doctor for medicare and medicaid. I don't want to lose my job for being found in posession of someone elses drugs.. what is my best line of action for this? Will this make me ineligible for DOT certification next summer?

I am looking towards maybe pre trial intervention, or deferred judgement, not really sure my best line of action at the moment.
Thank you for you help.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 minutes by:
10/5/2013
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Your best option is to try and enter into a pre-trial diversion program or a deferred adjudication process in order to keep the charges off of your record and avoid a conviction.
Roger : If you do this and complete the program, the charges will erased from your record and you should have no issues with this in the future.
Roger : If these charges weren't deferred or if you didn't engage in a pre-trial diversion program, you could face problems with getting a DOT certification.
Customer:

how does one go about doing that? do i just go to the court house monday morning and tell them i want to enroll in pti? or do i wait for my court date?

Roger : The best way to get this done is to consult a local attorney who can talk to the prosecutor and get a deal worked out, and then when you go to court, your attorney can announce the agreement to the judge for approval.
Customer:

if i go ahead and pay the fine tomorrow, will that negate my ability to sign up for pti or deferred adjudication?

Roger : The court clerk can't help you with this, and the prosecutor likely won't speak to you before the hearing, so getting an attorney will allow you to get this done asap.
Roger : If you pay the fine before the court date, it may waive your right.
Roger : It'd be better to consult an attorney about your options and then try to cut a deal with the prosecutor. You may still have to pay the fines, but it's better to wait and see what deal you can reach.
Customer:

do you know any attorneys in south carolina you can reccommend?

Customer:

and if i go through pti, and a lawyer, do you think this $1100 charge will balloon over $5000

Roger : We can't recommend a specific attorney, but I can direct you to visit Martindale-Hubbell's website (www.martindale.com) and search for an attorney in your area.
Customer:

i appreciate it.

Roger : When you go to the site, click on "I Want to: Find a Lawyer or Law Firm" and then enter your search criteria.
Customer:

is this something i should not attempt in anyway to represent myself on?

Roger : The problem with trying to represent yourself is that you generally can't get anything done before the trial/hearing date, and then it's difficult to work something out.
Customer:

so i run the risk of a 1100 fine turning into 30 days jail time?

Roger : It's usually worth hiring an attorney to get a deal reached and then you just walk into court on the day of the hearing and announce to the judge what you're going to do.
Roger : Or both.
Customer:

damn

Customer:

thanks for enlightening me to this actually being serious.

Customer:

do lawyers usually do payment plans, or is it a cash in advance industry?

Roger : It's more serious because of the long term affects a conviction could have on you - - that's why it's usually worth getting an attorney to prevent any extended damage.
Roger : Most attorneys will allow a payment plan, with a deposit being paid up front.
Customer:

is there any chart/table you could refer me to, so i could have a rough estimate on legal fees, that way i will know if a local attorney is trying to take advantage of my pocket book?

Customer:

i thank you for your timely response, i will definitely give you an excellent rating.

Roger : There's no chart that I'm aware of, but the best way to see who is reasonable is to find 4-5 lawyers and then call and see what they charge, how they want to be paid, etc.
Customer:

do you think it will top over 2k? i know you cant answer that definitively, but through your observations, is it unlikely to go higher than that?

Roger : There will likely be a great difference between prices - - some attorneys don't need the money, so they make it worth their while in order to take a case, and some other attorneys need money and are willing to do it for less.
Roger : $1500-$2000 would be my guess.
Customer:

okay thats doable, anything approacing 5 isnt.

Customer:

if i pay in advance i might even be able to work a deal with them too as i have 3k sitting in a safe

Roger : That's right. It's negotiable, and if you show up with cash, it's hard to turn that down.
Customer:

thank you very much Roger. I appreciate you not giving me copy and paste answers. so much.

Customer:

i can sense you actually read more than 4 words of my sentences. I really like that.

Roger : No problem! Glad to help.
Customer:

have a good afternoon.

Roger : Thanks for letting me help, and if you need something further, just let me know.
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
31,868 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I want to understand what happens in a Florida sentencing
I want to understand what happens in a Florida sentencing hearing following a murder conviction. I understand these hearings are transcribed and made available as public record. Where could I find the… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x