Possessing marijuana in some states is completely legal, as long as it is handled responsibly and not sold to others. There are other states that forbid possession or that have strict laws in place that only grant possession to a person with a medical prescription. If you are charged with a drug crime, familiarize yourself with the legal process.
Your Account And The Discovery Process
Everything that happened, involving being charged with a marijuana crime, should be explained to your attorney in its entirety. There will be a police record of what occurred, but this does not necessarily mean that all of the vital details pertaining to your case will be readily available to your lawyer. Your rendition of what occurred is extremely important. There could be a minor detail that will prompt your attorney to file a motion to suppress evidence.
If this motion is granted, evidence that would be held against you in a court of law could be omitted from your case. Your lawyer will get your account of what occurred, including whether or not you were arrested, and will request information about the ticketed charges that were brought against you. Next, they will obtain and review discovery.
The discovery process provides your lawyer with evidence that the prosecutor plans on presenting during a hearing. Your lawyer will also obtain their own evidence by compiling witness accounts, surveillance, and other vital information that could either prompt charges to be dropped or reduce the charges.
The Risk Factor Involved
Negotiating with the prosecutor is one of the main jobs that a criminal defense attorney performs. If the prosecutor's evidence is weak or if your lawyer has shared some compelling evidence with the prosecutor that may be beneficial to you, the prosecutor may be willing to cut a deal. Your attorney will always weigh the risks associated with not taking a deal and choosing to go to trial.
If a deal is not made before your court date, a judge or jury will ultimately decide if you are guilty or not. If the risk of going to jail or being handed a large fine is high, your attorney may encourage you to take a deal. A deal will be outlined to you. Your attorney will let you know if pleading guilty to a particular marijuana charge will be more favorable than declining the deal and waiting for your court date to learn what your fate is.
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17 August 2022
Until marijuana is legalized in every state, there will be courtrooms filled with those who are deemed criminals for possessing and using it. If you have been charged with the possession and use of marijuana, you need an attorney. Having gone through this with my son, I know that the courts are not pleased with these charges and things don't always turn out well. This blog will show you several examples of what can happen if you go to court for criminal charges without having an attorney working on your side to protect your rights and reduce the consequences as much as possible.