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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3163
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a retired federal employee in addition to a legal disability

Customer Question

I am a retired federal employee in addition to a legal disability resulting from a very rare type of maxillo-facial nerve condition, which causes tremendous pain. To make a long story short, I abhor drug dealers and the pain management has boiled down to daily high-doses of morphine in addition to benzodiazepines. I unfortunately took matters into my own hands approximately one year ago and planted four small marijuana plants in my basement. I was never able to use the plant before being subject to a 30-man SWAT team smashing through my door with automatic weapons on a quiet Tuesday morning, I was initially charged with felony manufacturing of Schedule I controlled substance and faced 10-years in prison.
I have never been arrested. I have never been convicted of a misdemeanor let alone a felony. In fact, I have never received a traffic violation. After nearly seven months in court the ADA offered a plea deal of two counts of misdemeanor possession of marijuana - which even the judge found odd.
I am currently on probation, however, I am not required to submit to routine or random drug tests nor residential inspections. I am also not required to perform community service, undergo counseling, or even a take any classes after my court ordered psychological examination indicated a complete dearth of previous substance abuse or negative psycho-socio-behavior, no current acts of illegality or risk factors, and no discernible mal intentions nor inclinations.
When I accepted the plea, there was no pre-agreement to withdraw the charge upon successful completion of probation.
One of the few things I enjoy each year is waterfowl hunting; however, recently I experienced a pang of apprehension over whether I will be able to possess or purchase firearms after the probation office has discharged me.
While I am still under court-order probation can I submit a motion to dismiss the case upon my imminent completion? Or, if a withdrawal is legally impossible may I immediately apply for a judicial expungement?
This whole experience has been awful and I truly want it all behind me. What's the best course of action in my case? Will my firearm privileges be further suspended?
Ultimately, given the circumstance what should I expect.
Thank you so much,
Submitted: 2 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you. I need more information in order to help you.

1) What state are you in?
2) When did the judge find you guilty and place you on probation?
3) What were the terms of the plea deal you took?
4) Did the police find evidence of illegal drug activity when they searched your house besides the marijuana plants?

Once I get your response I'll get back to you as quickly as I can. Please keep in mind that I may not be online at the moment you respond, so there may be a short delay before I respond.

Thank you and I look forward to working with you,<br/Customer