Arrested, Need help for court.

[Apollo]

Hello all, I recently got arrested for possession of marijuana, possession of paraphanelia and ingestion of marijuana... they dropped the speeding ticket >.< The only reason I even got caught is because I happened to leave my pipe in my pocket instead of the center console (where they wouldn't have been able to search my car).

Either way, South Dakota law says that I can face up to a year in jail and a $1,000 fine. It is my first offense and I have a completely clean record other than a few minor driving violations.

I would love to stand up in court and try to change the minds of the judge and jurors by convincing them that it is just a repeat of the same prohibition the nation faced with alcohol back in the day; however, I have a feeling that if I tried to say this I would face a much harsher sentence. Surely there are others out there who have gone through this process... what should I do and say to get the smallest sentence possible?

 

[Boss]

Was it just the amount in the pipe and the pipe?

 

[makevelli420]

Normally when its your first offense the judge will go abit easier on you, and if you only had A small amount of "green" you should not have much to worry about, except for a VERY long court process.

 

[420]

testing new servers

 

[Stizz1e]

I recently went through something very similar to this in NJ. I only had a pipe on me, but was charged with possession of paraphanelia. I go a cheap lawyer and because it was my first offense I was able to use whats called a conditional discharge. meaning after i finished a year of probation and had no other arrests that the charge would be expunged from my record. However if you are arrested for any other pot offense the first one would come back.

 

[Damagoman]

Got it read into evidence, Preach the Truth.
Some way.

 

[GMASON]

Same situation for me in Arkansas. I had a pipe and about a gram on me. I had to pay $1,000 for a lawyer, $500 fine, and six months unsupervised probation. After the 6 months it gets expunged from my record. You should be fine since this is your first offense. For sure have a lawyer.

 

[IshmarRodriguez]

Normally you can find some good lawyers on norml's website. However, I am afraid to say there are none listed in the South Dakota section.

You might have a good chance calling some of these guys in IOWA or Nebraska and ask if they know anybody in your home state. Iowa - NORML
Nebraska - NORML

Get a professionals help IMMEDIATELY. Don't ever think that you might get off lightly for a first offense. This is your future you want to make sure you get the right help.

 

[BubbaKush]

worry about fighting your personal cause right now. I would go for the compassion of the court explain to them why you need it and also in Ca less than an ounce is a misdemeanor. did they charge you with a felony? sorry for your bad times. Hope it all works out. What is the law regarding mmj in Mn?

 

[richgannon_2001]

yea dude im with Bubba, you gotta worry bout yourself right now not educating a judge on the pros of marijuana cuz frankly he doesnt care, most the ppl in the justice system are misinformed and hopeless when it comes to changing their minds about weed. i thought about doing the same thing....i am going through the process as well after being arrested last september, im just lucky i live in canada or i would of been put away for a long time, i was caught with 2 pounds about 2 grand and 30 little plants.....luckily i got off with no jail time but i still havnt heard what they are gonna end up giving me as far as fines or probation.....i guess what im getting at is find a good lawyer keep your mouth shut and act sincerely as though this is a life changing experience and they should show mercy on you cuz your not a repeat offender

 

[xsmokinbudx]

Normally you can find some good lawyers on norml's website. However, I am afraid to say there are none listed in the South Dakota section.

You might have a good chance calling some of these guys in IOWA or Nebraska and ask if they know anybody in your home state. Iowa - NORML
Nebraska - NORML

Get a professionals help IMMEDIATELY. Don't ever think that you might get off lightly for a first offense. This is your future you want to make sure you get the right help.

Exactly what he said man, you want to make sure to take care of this the right way instaed of being another statistic. NORML is their for a reason, definitely contact them and talk to somebody!!

 

[chronicreform]

Free Legal Advice>>>>I would strongly suggest everyone arrested under these circumstances should implement the"NECESSITY DEFENSE"[/U] MOST STATES HAVE ONE...and if you have perhaps*a medical condition that marijuana helps relieve the symptoms...well!!!

 

[IshmarRodriguez]

Free Legal Advice>>>>I would strongly suggest everyone arrested under these circumstances should implement the"NECESSITY DEFENSE"[/u] MOST STATES HAVE ONE...and if you have perhaps*a medical condition that marijuana helps relieve the symptoms...well!!!

This is why you contact professional lawyers and don't take free legal advice from the Internet.

The Necessity Defense is used in circumstances where a life is threatened and you must break the law in order to save that life. Very few times has it been used in other circumstances.

I'm not a lawyer, but I am somebody who has lots of lawyers! Always have to watch your back and when you are in trouble with the law NEVER try to handle it without a professionals help.

 

[RooRman]

At most you can expect a plea agreement to mandate community service, a fine, and possibly drug testing. Failure to comply with the plea agreement can result in jail time, but jail will most likely not be used as a primary means of punishment.

As much as you may want to give the court a piece of your mind, do NOT use this as a means to excercise your views on the politics of marijuana use and it's legality. This will only make things worse. Anything you say WILL be used against you... so therefore say nothing.

When in doubt, lawyer up.

 

[BubbaKush]

no matter what definately lawyer up and listen to him cause its probably not his first case like this

 

[Big dog]

The consensus here is correct. It's time to worry about your personal situation. You can look for another time and place to make a political statement. The fact of the matter is that most judges, especially in the state and provincial courts, are not interested in being "educated". They may very well share our opinion that strict laws relating to marijuana possession and use are silly. Nevertheless, in the North American system, whether in the United States or Canada, the judges are not allowed to ignore or obviate the law. The state or provincial legislatures make the law. The judge's only duty is to apply the law to the facts and evidence that are before him or her. In fact, it is the legislator more than the judge who needs to be educated; for the legislator makes the law.

When you appear before the court, be respectful. Speak only when spoken to. Follow your lawyer's advice. He or she will know if there is a legal issue which is really worth pursuing. In the event that such an issue is there, your lawyer will tell you so. If not, you will probably be advised to stand up, shut up, and take your medicine. In my experience (27 years practicing law, albeit most of it civil litigation) that's the best way to handle your first trip to court on a minor drug offense. In the end, though, the best advice I could give you is to hire the best lawyer you can find and do whatever it is that he or she says. Good luck!

 

[kikuras]

A couple of days ago I went to court for a similar situation. It was my first offense also and i was caught with under an ounce of MJ. although i live in GA and not south dakota im sure u will be fine cause here in GA i could have also faced 1 year in jail and $1000 fine. wat i did is i set up a meeting with the prosecutor (solicitor) and i met with him and he agreed to recomend to the judge a lighter sentence of about a $400 (dont remember exactly how much) and now i will be on 6 month probation and have to complete a class that they offered. they said that after i complete all of this they will even remove the conviction off my record...one thing i was kinda shocked about was that even tho my offense didnt take place in or remotely near a car, they could have suspended my license for 12 months!

 

[BubbaKush]

You should have appeared in court by now whats happening any new news?