# i got caught with marijuana?
**URL:** https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560
**Category:** In My Humble Opinion
**Created:** [January 29, 2016, 8:13am UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560 "2016-01-29T08:13:37Z")
**Posts on this page:** 20
**Page:** 2
### Author:  [@Apocalypso](https://boards.straightdope.com/u/Apocalypso)
#### Post date: [January 29, 2016, 3:13pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/21 "2016-01-29T15:13:16Z")
I Am Not A Lawyer, and not qualified to give legal advice.
Do you really have to list petty weed charges on job applications? If so, for how long?
They should have given you a citation with instructions, or told you to expect one in the mail. If it’s a big court hearing/trail, you’ll go in at least once to talk to them and they’ll assign you a public defender if you want/need one, and a trial date. In that situation, since it’s a first offense, you might be able to get ARD (first offender program), which will usually lower your fines and expunge your record. If you don’t get ARD it will go on your record.
If it’s a citation for a local magistrate, you usually go there and see a judge. You can offer explanations, fight the charges, ask for lieniency, etc. If you don’t fight it you can just pay a fine and be on your way. Sometimes you can just mail the fine and not appear in person at all. Lawyers usually aren’t involved at this level, but I think the magistrate can hold the case for trial.
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### Author:  [@Sinaptics](https://boards.straightdope.com/u/Sinaptics)
#### Post date: [January 29, 2016, 3:14pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/22 "2016-01-29T15:14:23Z")
> [@puzzlegal](#):
>
> Get a lawyer. But yeah, it sounds like you are guilty and they have a lot of evidence of that, so a conviction seems likely. But I am not a lawyer.
>
> Was the car moving? We’re you charged with anything related to operating a vehicle under the influence?
^ This. Don’t smoke in your car. You risk a DUI and possibly even having the car confiscated.
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### Author:  [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)
#### Post date: [January 29, 2016, 6:58pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/23 "2016-01-29T18:58:09Z")
Move to the mainland. Preferably Alaska, Oregon, Colorado or Washington.
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### Author:  [@andyseesaw](https://boards.straightdope.com/u/andyseesaw)
#### Post date: [January 29, 2016, 7:08pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/24 "2016-01-29T19:08:12Z")
Well that is what i am not really sure of. i do not know if this is a big enough deal to get a lawyer involved. if i go there and i have to pay a small fine and maybe some community service i would be happy with that as long as it stays off my record. Luckily the i was in was not moving. the only offense on the ticket is the minor possession charge. people around me have been telling me that i should be fine just by the mere fact that i was not arrested or fingerprinted by the cops, but how valid is that??
would it be likely all 3 of us go up to the stand at the same time? since we were all there doing the same crime?or would we all be going up separately?
Thank you for all of your replies.
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### Author:  [@Oakminster](https://boards.straightdope.com/u/Oakminster)
#### Post date: [January 29, 2016, 7:10pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/25 "2016-01-29T19:10:35Z")
> [@engineer\_comp\_geek](#):
>
> If convicted, you will have a “permanent record” of a petty misdemeanor. Even without jail time, this will likely cause you some issues for the rest of your life.
Not necessarily. In some jurisdictions, it is possible to have the record of a misdemeanor conviction for simple possession expunged (records sealed, person no longer required to report conviction, etc) after a certain amount of time if the person has no other charges and satisfies certain other conditions which vary by jurisdiction.
For the OP, first of all, stop posting any details about what happened in a public forum such as this one. Second, get a lawyer. There may be technical defects in the citation that could be used to support a dismissal, or there may be alternatives to adjudication for first time offenders in your jurisdiction.
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### Author:  [@Telemark](https://boards.straightdope.com/u/Telemark)
#### Post date: [January 29, 2016, 7:15pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/26 "2016-01-29T19:15:04Z")
> [@andyseesaw](#):
>
> if i go there and i have to pay a small fine and maybe some community service i would be happy with that as long as it stays off my record.
Getting a lawyer is the best way to ensure that.
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### Author:  [@teela\_brown](https://boards.straightdope.com/u/teela_brown)
#### Post date: [January 29, 2016, 7:15pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/27 "2016-01-29T19:15:36Z")
Wow, I would have guessed that Hawaii was one of the states where it’s legalized.
To judge by all the times “buds” were proffered for sale to us the last time we were there.
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### Author:  [@Intergalactic\_Gladiator](https://boards.straightdope.com/u/Intergalactic_Gladiator)
#### Post date: [January 29, 2016, 7:17pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/28 "2016-01-29T19:17:15Z")
The worst part is you just know those cops are passing that 1 gram around to everyone in the station now.
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### Author:  [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)
#### Post date: [January 29, 2016, 7:19pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/29 "2016-01-29T19:19:07Z")
You don’t necessarily need a lawyer to come to court with you, which could be VERY expensive. But you should at least consult with one to learn more about the seriousness of the charge and what your options are.
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### Author:  [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)
#### Post date: [January 29, 2016, 7:25pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/30 "2016-01-29T19:25:57Z")
> [@Intergalactic\_Gladiator](#):
>
> The worst part is you just know those cops are passing that 1 gram around to everyone in the station now.
It’s long gone by now. So, maybe they won’t have any evidence to show the court!
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### Author:  [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)
#### Post date: [January 29, 2016, 7:37pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/31 "2016-01-29T19:37:12Z")
Get a lawyer. _I’m_ a lawyer and I’d get one if I were in your shoes. At the very least, the lawyer will give you a reasonable assessment of your case and the best and worst case outcomes for free (or cheaply). [Your state bar association has a lawyer referral service](http://hsba.org/HSBA/FOR_THE_PUBLIC/Find_a_Lawyer/HSBA/For_the_Public_/Find%20a%20Lawyer.aspx) and you would do well to use it.
And for fuck’s sake, if you are going to smoke weed stop doing it in public. Do it at home, or do it at a friend’s house if you can’t do it at home for some reason.
> [@Ambivalid](#):
>
> I’m not sure what a lawyer would do for you, except take your money.
Drug crimes are a bit different from property and violent crimes. Evidence is more likely to be suppressed or otherwise held inadmissible in drug cases for various reasons that are probably beyond the scope of this thread.
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### Author:  [@andyseesaw](https://boards.straightdope.com/u/andyseesaw)
#### Post date: [January 29, 2016, 7:57pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/32 "2016-01-29T19:57:45Z")
yeah i feel like an idiot. what sucks is i had quit smoking for about 6 months. and the 1 time i go out to smoke. i get busted for this stuff. guess i wont be able to enlist for the military either. ☹
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### Author:  [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)
#### Post date: [January 29, 2016, 8:46pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/33 "2016-01-29T20:46:25Z")
Relax, man, it’s cool. Once WWIII is ramping up, President Trump is bound to reinstate the draft.
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### Author:  [@Kimballkid](https://boards.straightdope.com/u/Kimballkid)
#### Post date: [January 29, 2016, 8:52pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/34 "2016-01-29T20:52:59Z")
> [@puzzlegal](#):
>
> Was the car moving? We’re you charged with anything related to operating a vehicle under the influence?
Usually the car doesn’t have to be moving to be charged for operating a vehicle while under the influence. You just have to have ‘physical control’ meaning you are in the driver’s seat and the keys are in the ignition.
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### Author:  [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)
#### Post date: [January 29, 2016, 9:41pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/35 "2016-01-29T21:41:11Z")
> [@BlankSlate](#):
>
> You pay, you get a better deal. That’s the way the system works. You walk in alone or with a public defender, you get a shittier deal.
What I’ve seen with traffic violations is you pay the lawyer $500, the lawyer contacts the judge, asks him about his granddaughter’s gymnastics competition, laughs at his jokes, then tells him she’s got a client and what can she do? and the judge gives his buddy the lightest possible sentence, and the lawyer thanks him and tells the client about the deal. (At least I assume that’s how it happens; I’ve only seen things from the client end).
It ain’t how the system SHOULD work, but IME it’s how the system DOES work. For traffic violations at least, and I suspect it works similarly for small drug violations.
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### Author:  [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)
#### Post date: [January 29, 2016, 9:47pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/36 "2016-01-29T21:47:37Z")
That’s not how it works. _Ex parte_ communication with a judge of that sort risks not only the lawyer’s license but the judge’s seat on the bench.
The lawyer contacts the _prosecutor_ and asks about his kid’s gym competition.
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### Author:  [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)
#### Post date: [January 29, 2016, 9:49pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/37 "2016-01-29T21:49:40Z")
> [@Really\_Not\_All\_That\_Bright](#):
>
> That’s not how it works. _Ex parte_ communication with a judge of that sort risks not only the lawyer’s license but the judge’s seat on the bench.
>
> The lawyer contacts the _prosecutor_ and asks about his kid’s gym competition.
:smack: My bad, and thank you for the correction!
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### Author:  [@Arrendajo](https://boards.straightdope.com/u/Arrendajo)
#### Post date: [January 29, 2016, 11:18pm UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/38 "2016-01-29T23:18:24Z")
> [@teela\_brown](#):
>
> Wow, I would have guessed that Hawaii was one of the states where it’s legalized.
>
> To judge by all the times “buds” were proffered for sale to us the last time we were there.
Not only that but when I was on the Big Island people were smoking it openly in parks and on the beaches. I can’t believe simple possession is much of a big deal there. Talk to a lawyer, but I would bet that you pay a fine and complete some kind of penance it won’t even go on your record.
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### Author:  [@LunarPlexus](https://boards.straightdope.com/u/LunarPlexus)
#### Post date: [January 30, 2016, 12:48am UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/39 "2016-01-30T00:48:25Z")
All this Sturm und Drang over a gram of weed. WT ever-lovin’ F?
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### Author:  [@BobArrgh](https://boards.straightdope.com/u/BobArrgh)
#### Post date: [January 30, 2016, 1:33am UTC](https://boards.straightdope.com/t/i-got-caught-with-marijuana/744560/40 "2016-01-30T01:33:10Z")
> [@Hermitian](#):
>
> I have to hand it to the OP.
>
> Despite this being his first post, he managed to accomplish something that even seasoned posters have screwed up. \ ***He told us what state he is in when asking a legal question.** \*
>
> Hold your head high Andy. Hold it high.
Twice! (Bolding mine.)
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