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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My cousin was pulled over by a sheriff the other night for

Customer Question

My cousin was pulled over by a sheriff the other night for failing to yield. When the officer got to the driver side window he automatically smelled alcohol as my cousin had been drinking, he also smelled marijuana that I had just finished rolling but I had yet to smoke. He took my cousin out to do a sobriety test & another officer comes to the passenger side window where I'm sitting & asks me if there is any drugs in the vehicle. I tell him there is none because I'm worried about going to jail. He says he can get the k9 to come out and search the vehicle or I can be honest with him & he'll try and help me out a little & that he'd give me time to consider it while he went over to my cousin. I decide to give him what I had on me which was just a joint, a little less than one gram. He asks if there's anything else and I tell him there's open containers on my side & he tells me since I was honest with him about the marijuana he wouldn't give me a citation for the open containers & let me pour them out on the side of the road. My cousin was arrested for dui, & the officer gave me a citation to appear in court but didn't arrest me. I have to appear in court by the 15th & this is my second time being caught with marijuana, but the first time was 4 years ago & they dismissed my case because the judge said they didn't test the evidence to see if it was really marijuana so I wasn't charged with anything. I'm wondering if that first time will still show up on my record when I go to court for this second time since it was dismissed & if I should plead guilty or not guilty, or any advice?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CrimDefense replied 1 month ago.

If the case was dismissed it would not be used against you. If you are a first time offender, you can ask the State if they would allow you to enter into a diversion program. A diversion program would allow you to get the case dismissed and keep your record clean. It normally requires you to stay out of trouble, for a period of 3-6 months, pay fines and court costs and perform community service. If you do it all, the end result is normally a dismissal. These type of programs are set up to allow first time offenders to learn from their mistake and keep their records clean. It can be something that you ask about when you appear and the State will determine if you are eligible.

Expert:  CrimDefense replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!