what can a lawyer do for me in court marijuana possession

by Dallin Bernhard 4 min read

A lawyer can help get your marijuana possession charge reduced. Cases involving possession of marijuana and drug paraphernalia are not handled in the same way in every court. Some judges are stricter than others in their sentencing.

Full Answer

What happens if you're arrested for marijuana possession?

If you have to face charges for marijuana possession in federal court, you want a Miami criminal defense lawyer to represent you on your case. Potential Penalties. If you’ve been charged with a marijuana crime in federal court, losing your case could carry severe penalties, which include a hefty fine, time in jail – and a permanent criminal record.

Do I need to hire an attorney for a drug charge?

How Your Marijuana Possession Lawyer Can Help. The first thing that will happen is a conversation. If you approach me for legal help, I will first ask you what the State accused you of. I will ask you what evidence they have. Please do not volunteer additional information unless you are certain it is helpful to your case.

Can the federal government prosecute you for marijuana possession?

If you've been arrested for illegal possession of marijuana, consult an experienced criminal defense attorney. An attorney can advise you on the possibility of seeking reduced charges or diversion, as well as provide legal advice on the potential consequences of …

Is possession of marijuana a misdemeanor or a felony?

Our St. Louis marijuana possession defense attorneys aggressively protect your rights in court. In many marijuana possession cases, the first contact with the police involves a traffic stop of the execution of a search warrant. When you meet with one of our experienced attorneys, we will want to know what happened.

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How old do you have to be to get medical marijuana in Iowa?

Permanent Iowa residents who are at least 18 years old can now apply for medical marijuana in Iowa. Health care practitioners sign written certifications that patients are suffering from a debilitating medical condition. The patients submit those certifications to the department of health and pay a fee of $100. (The fee is only $25 for people who are on social security disability, supplemental security insurance, or medical assistance.)

What happens if you don't accept a plea bargain?

A lot of people seem concerned that if they don’t accept a plea bargain, the sentence that they’ll face if convicted at trial will be worse. This isn’t necessarily true. In sentencing, the judge can accept the State’s and defendant’s plea agreement, if one exists, but they can freely disregard the agreement and imopse whatever sentence (within legal limits) they see fit.

What is the code for possession of drug paraphernalia in Iowa?

In order to convict you of possession of drug paraphernalia under Iowa code 124.414, the government will have to prove beyond a reasonable doubt that you possessed materials that were used or attempted to be used with a controlled substance.

Do lawyers specialize in particular areas of law?

Some lawyers and law firms do general practice. In light of that, they accept all kind of representation. In contrast, some lawyers specialize in particular areas of law. For example, a lawyer might do only civil practice. When a lawyer does civil work, they might handle divorces. Additionally, the Iowa lawyer might represent small claims cases. Further, a civil practice lawyer could do personal injury work. In another case, the lawyer might focus on family law or child custody.

What happens at a preliminary hearing?

At a preliminary hearing, you or your lawyer will ask questions. One or more witnesses will be under oath. After the questions, the judge will decide whether probable cause exists.

Do Iowa lawyers practice in the state courts?

Many Iowa lawyers practice only in Iowa courts. The Iowa Code defines all Iowa crimes. The Iowa rules of criminal procedure control what happens in Iowa criminal justice cases.#N#Federal court is different. If you are facing federal charges for a federal criminal offense, make sure to let your Iowa lawyer know. Because Iowa federal courts are not state law courts in Iowa, your lawyer might refer you elsewhere. Federal prosecutors and federal judges use different procedural rules. Federal crimes are subject to federal sentencing.

Can you appeal a misdemeanor in Iowa?

So does the Iowa Supreme Court. Because they review legal issues, they might find a constitutional problem. That means that the law can be illegal. Alternatively, the district court might have treated a legal law illegally. However, the right to appeal does not apply to simple misdemeanors. Ask your criminal defense attorney for more information.

What to do if you are arrested for possession of marijuana?

Talk to a Lawyer. If you've been arrested for illegal possession of marijuana, consult an experienced criminal defense attorney . An attorney can advise you on the possibility of seeking reduced charges or diversion, as well as provide legal advice on the potential consequences of the charges against you.

What are the laws of marijuana?

In "legalized" states, laws still control: 1 who can use marijuana (usually adults age 21 and older) 2 how much marijuana is too much to have, and 3 where marijuana can be smoked (often not in public places).

What is the power of Congress to regulate marijuana?

Congress has the power to enact federal laws that affect "interstate commerce," which basically covers any movement of goods or services that could cross state lines. So how can federal law prohibit purely local use of marijuana in a state that authorizes it? The U.S. Supreme Court decided that any use of marijuana—even local—affects supply and demand in the national marijuana market. And this connection to the national market gives Congress the right to regulate local use within a state. ( Gonzales v. Raich, 545 U.S. 1 (2005).)

What are the consequences of marijuana use?

Marijuana use can result in eviction from public housing and ineligibility for some jobs.

Can you possess marijuana in a state?

Some states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug.

Can you go to jail for possession of marijuana?

In "decriminalized" states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can't result in jail time.

How many states have medical marijuana?

More than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card.

Protecting those charged with Marijuana Related crimes

In many states the marijuana possession laws have changed or become more lenient. Medicinal use of marijuana is widely accepted. Some states allow personal recreational use of pot. In Missouri possession of marijuana in any amount remains a crime. Even a small amount of weedwill result in a police officer citing you for a criminal charge.

Consequences of Marijuana Possession in Missouri

The severity of marijuana possession laws in Missouri and in the St. Louis area is based largely on the weight of the marijuana discovered by police. Common penalties vary from a fine and a criminal conviction to 15 years in prison. The important thing to remember is that there is no legal amount of marijuana you can possess in Missouri.

St. Louis Marijuana Possession Defense Strategies

Our St. Louis marijuana possession defense attorneys aggressively protect your rights in court. In many marijuana possession cases, the first contact with the police involves a traffic stop of the execution of a search warrant. When you meet with one of our experienced attorneys, we will want to know what happened.

St. Louis Marijuana Possession Lawyers at JCS Law Fight To Win Your Case

If you face charges for marijuana possession, first get the help of an experienced attorney. Our experienced attorneys at JCS Law will give you hope by walking you through the steps we take to successfully fight a marijuana possession case. You may have defenses you have not even considered.

What is a public defender?

A public defender is an attorney and most are very experienced and good at what they do despite a somewhat sordid public opinion. Even a first offense marijuana charge can have severe consequences such as a loss of your driving privileges , not to mention fines & costs, probation, and possibly jail. Stick with an attorney just to be on the safe side.

Can you get a public defender for possession of less than an ounce?

If you're accused of possessing less than an oz in California, you are not entitled to the Public Defender's services. Simple possession is an infraction, just like a traffic ticket. It's a small fine and no mandatory court appearance. Don't waste your money hiring a lawyer. If you're accused of anything more serious than simple possession (e.g. intent to distribute, transportation, etc.), then you should definitely speak with a private attorney to discuss your options before you make any decisions in the case.

Is a traffic stop a minor charge?

Depends upon whether you have a defense. It's a minor charge with only a fine if convicted, but it will be on your record. If it was a traffic stop, there may be an illegal search issue, it would be wise to contact an attorney.

What happens if you are in a lawsuit for weed?

If you’re in a lawsuit because you were injured, the attorney for the person who injured you will try to tell the jury about your weed citation. Juries tend to award less money to someone they think uses drugs.

How long can you go to jail for weed?

The maximum jail time is 11 months and 29 days. Any amount of jail time under that maximum may be ordered by the court. Combination: Two or more resolutions may be combined with one another. Neither a misdemeanor citation nor felony arrest for weed charges has to result in conviction or any kind of tough penalty.

What is simple possession in Tennessee?

Tennessee law defines simple possession or casual exchange as a criminal “ offense for a person to knowingly possess or casually exchange a controlled substance unless the substance was obtained…” via valid prescription.

Is marijuana a misdemeanor in Tennessee?

Marijuana citations are a Class A Misdemeanor and any conviction will carry mandatory fines and potential jail time. Below is a list of TN sentencing guidelines broken down by number of previous citation offenses. Before you read it, keep in mind that what you can get is almost never as bad as what you do get.

Where is the booking office in the building?

Once you are in the building, go down the hallway on the left side of the lobby, and you will find the booking office to be the first door on your right.

Should you give police permission to search your property?

Officers know what to say and what to look for, and so should you. The number-one recommendation is to never give the police consent to search your property or your person, even if you are not breaking any laws.

Can you be on probation for possession of marijuana?

If you are on probation, a citation for possession of marijuana will likely result in a Violation of Probation warrant being filed by your Probation Officer. The chances of being violated by your probation officer for possessing marijuana are higher outside the metro areas but, even in Nashville, it does happen.

Can you go to jail for a conviction?

If the judge orders it as part of your sentence, then, yes. With a conviction, you could go to jail. A criminal record could also impact your ability to get a job and to get into a good college, as well as disqualify you from educational grants and loans. With all this at stake, yes, I think you should hire an attorney. How much oit will cost depends upon the facts of the case and what the attorney charges.

Can you get a MIP dismissed?

No they don;t make you do that in court, but you will still need an attorney if you want to get the charge dismissed. MIP, while a relatively minor charge, results in you losing your license for 1 year. You should hire a lawyer to try and get it dismissed.

Can a juvenile court charge you with an infraction?

Only juvenile court regularly tests people coming to court. It is possible that this will be charged as an infraction with only a fine possible. An attorney can usually help.

Can you pee in a cup at an arraignment?

The court can order one as part of sentencing and probation, but they sure aren't going to make you pee in a cup in the courtroom at your arraignment. If taken into custody, they can require a test then anytime they want.

Can a fool represent himself?

Only a fool represents himself especially in a criminal matter. A good attorney can probably get the charges against you dropped of course that assumes that all the facts have been presented above.

Do I need an attorney to represent me?

Yes, you definitely need to hire an attorney to represent you. Do not plead guilty. They won't make you take drug tests at court. If you have no prior convictions, depending on the court, it's possible that your attorney can get this reduced to a lesser offense, such as Littering.

Michael S Rothman

The Montgomery County State's Attorney's Office uses these sessions to expose people with minor paraphernalia, possession of CDS and possession of alcohol charges to the idea of going to IPSA [intervention program for substance abuse] or the County-run ACS program so that trial dates are not glutted with people signing up on the trial date.

Christopher Allan Doerfler

As a general rule, if you have criminal charges you should get a lawyer. Just from what you tell me in your question I wonder if there is a suppression issue.

John M. Cromwell

You could get a good result with either a paid lawyer or a public defender. There are some excellent public defenders. The problem is, you just don't know who you will get. You can choose the lawyer you hire. With a public defender, it's the luck of the draw.

Claiborne Hambrick Ferguson

Lets see, the rest of my life is on the line. I might get convicted, I might loose out on valuable rights AND opportunities....yep, time to save money and fake poverty. Lawyers cost money because we're good st what we do. All must maintain a bare minimum of qualification but, in life, we often get what we pay for.

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