You're not my lawyer, but do I need one?
March 19, 2015 10:30 AM Subscribe
I think I was arrested. Was I?! What do I do now?
This evening I was pulled over for speeding in Georgia. The police officer said she smelled marijuana. She asked if she could search the car, and I asked if she had a warrant. She said she did not need one, and when her backup arrived she asked me to step out of the car. I stood with the backup officer (a dude) for a second, then the original officer asked him to come look at something. I heard him say, "nah that's not enough", but shortly thereafter I was handcuffed and taken away. I don't know the specific amount but "under an ounce" is VERY generous. I had a vaporizer that had some pretty burnt up weed in it, and some more burned up crumbs in a small tin. It's possible some actual green pot was in the tin, and if so it would be only about a bowl's worth (<one gram).
The officer told me that with less than an ounce, I would just be photographed, fingerprinted, provided with a copy of charges and sent on my way. It's true--within an hour or so she was dropping me back off at my car, complete with two tickets; one for speeding and one for possession.
I have a court data for June 1. I assume I need a lawyer--do I? What kind? How much should I expect to pay said lawyer? How do I find a reputable one?I know you are not my lawyer, you may not be a lawyer at all, and that lawyers do not give legal advice over the internet. But if you can give me any idea of what to expect, or how to find out what to expect, I'm all ears. I do plan on calling as soon as I can, but if my previous court interactions are any indication, calling won't be super helpful. I haven't been in legal trouble before, except speeding tickets or expired plates and those were years ago.
Throwaway email: [redacted]
Thanks for any help you can offer. I feel really stupid and awful right now, and like I'm way too old to be in this kind of trouble.
This evening I was pulled over for speeding in Georgia. The police officer said she smelled marijuana. She asked if she could search the car, and I asked if she had a warrant. She said she did not need one, and when her backup arrived she asked me to step out of the car. I stood with the backup officer (a dude) for a second, then the original officer asked him to come look at something. I heard him say, "nah that's not enough", but shortly thereafter I was handcuffed and taken away. I don't know the specific amount but "under an ounce" is VERY generous. I had a vaporizer that had some pretty burnt up weed in it, and some more burned up crumbs in a small tin. It's possible some actual green pot was in the tin, and if so it would be only about a bowl's worth (<one gram).
The officer told me that with less than an ounce, I would just be photographed, fingerprinted, provided with a copy of charges and sent on my way. It's true--within an hour or so she was dropping me back off at my car, complete with two tickets; one for speeding and one for possession.
I have a court data for June 1. I assume I need a lawyer--do I? What kind? How much should I expect to pay said lawyer? How do I find a reputable one?I know you are not my lawyer, you may not be a lawyer at all, and that lawyers do not give legal advice over the internet. But if you can give me any idea of what to expect, or how to find out what to expect, I'm all ears. I do plan on calling as soon as I can, but if my previous court interactions are any indication, calling won't be super helpful. I haven't been in legal trouble before, except speeding tickets or expired plates and those were years ago.
Throwaway email: [redacted]
Thanks for any help you can offer. I feel really stupid and awful right now, and like I'm way too old to be in this kind of trouble.
This post was deleted for the following reason: Poster's request -- LobsterMitten
First, don't depend on anyone who starts off with "IANAL" but then ends with a conclusion as to whether you have a legal leg to stand in regarding [fill in the blank with name of legal issue].
Here is a good place to start to answer your other questions.
posted by craven_morhead at 10:40 AM on March 19, 2015 [7 favorites]
Here is a good place to start to answer your other questions.
posted by craven_morhead at 10:40 AM on March 19, 2015 [7 favorites]
The specific hows and whys of the search don't matter a bit right now. You've been charged and have a court date. You need a lawyer. Protect yourself here. Lawyer up.
posted by phunniemee at 10:40 AM on March 19, 2015 [13 favorites]
posted by phunniemee at 10:40 AM on March 19, 2015 [13 favorites]
You have criminal charges pending against you. Of COURSE you need a lawyer.
posted by zug at 10:42 AM on March 19, 2015 [12 favorites]
posted by zug at 10:42 AM on March 19, 2015 [12 favorites]
What is the maximum punishment you could receive with what you've been charged (fine, jail time, community service, a criminal record?) and what are the personal consequences to you if that's what happens (impact on your finances, your employment, your family, etc)?
If you think you've adequately assessed those two questions (which I'm not conceding you can do without consulting with a lawyer first), and you think you can handle those outcomes, then feel free to proceed without a lawyer.
If you don't know what the fallout could be, how it could impact you, or think that the possible outcomes will be unworkable for your life circumstances, then hire a lawyer.
posted by melissasaurus at 10:45 AM on March 19, 2015 [2 favorites]
If you think you've adequately assessed those two questions (which I'm not conceding you can do without consulting with a lawyer first), and you think you can handle those outcomes, then feel free to proceed without a lawyer.
If you don't know what the fallout could be, how it could impact you, or think that the possible outcomes will be unworkable for your life circumstances, then hire a lawyer.
posted by melissasaurus at 10:45 AM on March 19, 2015 [2 favorites]
What is the maximum punishment you could receive with what you've been charged (fine, jail time, community service, a criminal record?)
According to NORML, for less than one oz in Georgia, the charge is misdemeanour possession and the maximum fine is $1000.
Oh, and yes, you need to talk to a lawyer. My comment was not meant to suggest that you shouldn't get expert legal advice, simply to suggest that you shouldn't pin any hopes on the fact that you did not consent to the search.
posted by yoink at 10:58 AM on March 19, 2015 [4 favorites]
According to NORML, for less than one oz in Georgia, the charge is misdemeanour possession and the maximum fine is $1000.
Oh, and yes, you need to talk to a lawyer. My comment was not meant to suggest that you shouldn't get expert legal advice, simply to suggest that you shouldn't pin any hopes on the fact that you did not consent to the search.
posted by yoink at 10:58 AM on March 19, 2015 [4 favorites]
A quick look at NORML's map of state laws suggests you could be facing a year's incarceration. Here's their handy link to some lawyers who might be able to help or give you a referral to someone in your area.
posted by brina at 10:59 AM on March 19, 2015
posted by brina at 10:59 AM on March 19, 2015
1) You were arrested and released without bond.
2) You do need an attorney.
3) I don't know what you will be charged with, but I'm guessing it's a misdemeanor based on how easily you were released.
4) I am a criminal defense attorney in California, but do not know what prices are in Georgia. Here you could probably find a lawyer who will do very little for you, but walk you through a plea deal for between $500-$1000. You do not want that attorney. When I see that type of charge I know the lawyer cannot afford to put in the work actually needed.
I would charge you $3500 up to trial, with additional fees if you go to trial. You would also be responsible for expert witnesses, discovery charges, etc... For that you'll get a serious investigation and discovery process around the stop, motions to suppress evidence if appropriate, and the like. Basically you'll get a real defense, you might not win, but it won't be a professionally led rollover like the cheap attorneys.
The vast majority (alas) of cases do not go to trial, I wish they did because the DA's office would need to up their game. There is some wiggle room in my charges, but not a whole lot.
5) You can find a lawyer a lot of ways. You can call your states bar and ask for a recommendation and they will give you some to call. They might charge you $25 or so for the service. I, personally, don't know any attorneys in GA, but if you want, memail me and I will ask a number of local lawyer listservs I'm on for recommendations of criminal defense attorneys in your area and forward the info to you.
6) Again, not an attorney in GA, so I don't know what the political climate is for marijuana crimes. Here in CA you would not be facing serious time/fines and there's a reasonable chance a lawyer would be able to work out a pretrial diversion deal where you would basically pay the fines, community service, and classes that you would had you plead guilty, before you entered any guilty plea, and then have the case dismissed without ever entering a guilty plea. It's the next best thing to having a court declare you innocent. Whether such a deal is possible is going to depend a lot on the political climate of your state.
7) Whether you want to fight at all is a strategic decision. Do you want to protect yourself against a potentially greater charge in the future if this activity might happen again? In many states a charge with a prior conviction is a much more serious charge. Are you looking into entering any profession where a charge could effect your licensing? A decent defense isn't cheap, it's often more expensive than the fines, and you need to decide if it's worth it to you.
Good luck.
posted by bswinburn at 11:04 AM on March 19, 2015 [16 favorites]
2) You do need an attorney.
3) I don't know what you will be charged with, but I'm guessing it's a misdemeanor based on how easily you were released.
4) I am a criminal defense attorney in California, but do not know what prices are in Georgia. Here you could probably find a lawyer who will do very little for you, but walk you through a plea deal for between $500-$1000. You do not want that attorney. When I see that type of charge I know the lawyer cannot afford to put in the work actually needed.
I would charge you $3500 up to trial, with additional fees if you go to trial. You would also be responsible for expert witnesses, discovery charges, etc... For that you'll get a serious investigation and discovery process around the stop, motions to suppress evidence if appropriate, and the like. Basically you'll get a real defense, you might not win, but it won't be a professionally led rollover like the cheap attorneys.
The vast majority (alas) of cases do not go to trial, I wish they did because the DA's office would need to up their game. There is some wiggle room in my charges, but not a whole lot.
5) You can find a lawyer a lot of ways. You can call your states bar and ask for a recommendation and they will give you some to call. They might charge you $25 or so for the service. I, personally, don't know any attorneys in GA, but if you want, memail me and I will ask a number of local lawyer listservs I'm on for recommendations of criminal defense attorneys in your area and forward the info to you.
6) Again, not an attorney in GA, so I don't know what the political climate is for marijuana crimes. Here in CA you would not be facing serious time/fines and there's a reasonable chance a lawyer would be able to work out a pretrial diversion deal where you would basically pay the fines, community service, and classes that you would had you plead guilty, before you entered any guilty plea, and then have the case dismissed without ever entering a guilty plea. It's the next best thing to having a court declare you innocent. Whether such a deal is possible is going to depend a lot on the political climate of your state.
7) Whether you want to fight at all is a strategic decision. Do you want to protect yourself against a potentially greater charge in the future if this activity might happen again? In many states a charge with a prior conviction is a much more serious charge. Are you looking into entering any profession where a charge could effect your licensing? A decent defense isn't cheap, it's often more expensive than the fines, and you need to decide if it's worth it to you.
Good luck.
posted by bswinburn at 11:04 AM on March 19, 2015 [16 favorites]
You need a criminal defense lawyer. Even <1 oz is a misdemeanor in GA punishable by up to $1000 fine or a year in prison. They still have misdemeanor laws about possession of drug paraphernalia too. And they might hit you with a driver’s license suspension. Lawyer up!
posted by Wretch729 at 11:06 AM on March 19, 2015
posted by Wretch729 at 11:06 AM on March 19, 2015
You need a lawyer. NOW.
Stop getting advice from internet chat rooms - and GET A LAWYER.
You need to start taking this seriously. If this goes bad, it could haunt you for the rest of your life. Get the best lawyer you can afford.
DO NOT TALK TO ANYONE ABOUT THIS EXCEPT YOUR LAWYER.
posted by Flood at 11:24 AM on March 19, 2015 [4 favorites]
Stop getting advice from internet chat rooms - and GET A LAWYER.
You need to start taking this seriously. If this goes bad, it could haunt you for the rest of your life. Get the best lawyer you can afford.
DO NOT TALK TO ANYONE ABOUT THIS EXCEPT YOUR LAWYER.
posted by Flood at 11:24 AM on March 19, 2015 [4 favorites]
I would charge you $3500 up to trial, with additional fees if you go to trial. You would also be responsible for expert witnesses, discovery charges, etc... For that you'll get a serious investigation and discovery process around the stop, motions to suppress evidence if appropriate, and the like. Basically you'll get a real defense, you might not win, but it won't be a professionally led rollover like the cheap attorneys.
I practiced in a big city that was in the south and was much more like Georgia than California. And fees were more complicated because cases like yours would always start in a magistrate court that was not a court of record. The vast majority of simple possession cases were resolved in magistrate's court. Fees ranged from $150 to $750, averaging around $300. Anybody who quoted you fees in the thousands, or talked about a $3500 fee "up to trial," would be hustling you because you're a scared person who knows nothing about the system. Call around. There's a big difference between some fancy pants who will only have one case in court that day (and likely doesn't know the prosecutors all that well) and does a big show of filing extensive motions mainly to impress you and justify a huge fee, and a courthouse veteran with a big caseload who can possibly get the case tossed by just talking to the right assistant DA, for a small fraction of what fancy pants would charge you.
posted by jayder at 12:12 PM on March 19, 2015 [2 favorites]
I practiced in a big city that was in the south and was much more like Georgia than California. And fees were more complicated because cases like yours would always start in a magistrate court that was not a court of record. The vast majority of simple possession cases were resolved in magistrate's court. Fees ranged from $150 to $750, averaging around $300. Anybody who quoted you fees in the thousands, or talked about a $3500 fee "up to trial," would be hustling you because you're a scared person who knows nothing about the system. Call around. There's a big difference between some fancy pants who will only have one case in court that day (and likely doesn't know the prosecutors all that well) and does a big show of filing extensive motions mainly to impress you and justify a huge fee, and a courthouse veteran with a big caseload who can possibly get the case tossed by just talking to the right assistant DA, for a small fraction of what fancy pants would charge you.
posted by jayder at 12:12 PM on March 19, 2015 [2 favorites]
Also, are you aware that you just publicly confessed to the crime in question? Yes, you're using the anonymous form, and this is unlikely to happen, but if this were something serious enough, MeFi would get a subpoena requiring them to disclose your identity. As would Google for your "throwaway" address.
Shut up and get a lawyer and shut up some more.
posted by Naberius at 12:47 PM on March 19, 2015 [3 favorites]
Shut up and get a lawyer and shut up some more.
posted by Naberius at 12:47 PM on March 19, 2015 [3 favorites]
A really simple rule of thumb: if you are required to appear in a courtroom, consult competent legal counsel in your jurisdiction.
posted by feckless fecal fear mongering at 12:49 PM on March 19, 2015
posted by feckless fecal fear mongering at 12:49 PM on March 19, 2015
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posted by yoink at 10:37 AM on March 19, 2015 [1 favorite]