Current Events > I got arrested. Have some questions...

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wow
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I'm not a lawyer, but I play one on CE. You plead no contest if it's just a misdemeanor. Assuming they actually caught you with weed.
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yeah man they did charged him with possession. intent to sell
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What does deferred mean? I have a friend who was in a very similar situation and is saying pleading guilty is better as it'll just be a fine, and if I can't afford it right away I can even delay it by proving I don't have a job right now. I'm calling places tomorrow morning and will finally sort this shit out.
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ReggieBush09 posted...

yeah man they did charged him with possession. intent to sell

Was not charged with intent to sell.
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DesertPenguin09 posted...

and if I can't afford it right away I can even delay it by proving I don't have a job right now

idk where you live but in Florida they add a big fee if you can't pay at the time. At least 20 years ago when I got a ticket I had to go to court about. It's bullshit imo. But they got you by the balls. Nothing you can do.
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Frostshock posted...

Brian-Dawkins posted...

You should plead guilty and take the small fine, actually.

You end up paying quite a bit more if you take on a Public Defender and are found guilty because you then have to pay the fine AND the PD's fee, which would be a waste if you actually were in possession.

Just plead guilty and pay the fine, shouldn't be a big deal, TC.

To expound further, if it's your 1st offense the fine will be small anyway and will be a slap on the wrist for the most part.

Along with that fine comes a criminal drug record basically destroying any future student aid, job prospects, and ability to rent in a decent neighbourhood.

TC needs a goddamn lawyer, but I suspect he's already handed the police a confession on a silver platter. You'd much rather get this deferred than plead guilty.

If in NY it's decriminalized like people have said, it's literally no worse than a jaywalking ticket. It wouldn't be a "criminal drug record" and it wouldn't destroy anything

Not what's weird about this is TC says he was actually arrested so I suspect he hasn't told the full story
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DesertPenguin09 posted...

What does deferred mean? I have a friend who was in a very similar situation and is saying pleading guilty is better as it'll just be a fine, and if I can't afford it right away I can even delay it by proving I don't have a job right now. I'm calling places tomorrow morning and will finally sort this shit out.

If you get the charge deferred then you're basically put on a program by the court where you stay on your very best behaviour and the charge is dropped leaving you with no criminal record. It's pretty common for first time drug offenses to be eligible for deferment but you need to talk to a lawyer and not the police.
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Go to your pre-arraignment. They will most likely offer you a deal right there that will amount to a fine or a program to have it removed.

For example, hiring a Lawyer for a first offense DUI in PA is dumb if you have no record. You just go and they offer you ARD regardless if you have an attorney or not. No point to wasting your money.
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Lol, so much wrong in this topic. I've dealt with NY drug laws extensively due to friends and whatnot.

First, you have to tell us if you got an unlawful possession summons or criminal possession.

If it's unlawful, it's pretty much a ticket and will not be on your record.

BUT, they fucked up by arresting you and putting you in the system. That means they likely got you on criminal possession. You need that removed from the record so when they ask you in the future "have you ever been arrested" the answer would be no.

Now, all you need is a public defender to get you an ACD, which is an adjournment in contemplation of dismissal. It's a form of probation for first timers, about a year. The whole thing takes a few minutes and in a year, everything is expunged and sealed, so it's as if you never got arrested. Plead not guilty and then speak to a PD on the morning of your court date.
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this is all so amazing I"ll make sure never to smoke the bud.

i need that financial aide
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plead no contest bro
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DesertPenguin09 posted...

What does deferred mean? I have a friend who was in a very similar situation and is saying pleading guilty is better as it'll just be a fine, and if I can't afford it right away I can even delay it by proving I don't have a job right now. I'm calling places tomorrow morning and will finally sort this shit out.

Hey bud, been arrested twice. First time was for drunk in public second was for drunk in public, trespassing, and battery. On the second I got deferred.

Basically its like a lesser form of probation and its likely in your best interest to accept it. Analyze the terms of the deferral and determine if you are okay with it. You can even negotiate the terms at your hearing. I spoke to a lawyer about mine (free of charge - really cool dude) and asked the judge to remove/alter some things and he was cool with it.
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ClunkerSlim posted...

Be sure to bring your cell phone and record EVERYTHING. Get up in the judge's face with the camera and demand that he spell his name for the record. Then tell everyone in the room how they don't know the law and they're trampling on your rights. If anyone tells you that you can't scream at the judge then repeatedly bang your face into the table.

Exactly
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A lawyer called me back from the Q&A and I got some hard confirmation on things:

Most likely they will offer a Marijuana ACD which means it goes away if I'm not arrested for anything in 180 days. It's a very good deal and usually offered to first time offenders but not guaranteed. If this doesn't happen I can go up to the prosecutor and ask for a plea bargain for something that's non-criminal. If they can do that I pay the fine and be done with it. On my record yes but it won't be a criminal offense so it shouldn't affect things much, maybe just high end jobs/places. If they don't have something that day I can ask for another date. And in the end if I can't pay the fine right away I can delay it 60 days.
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DesertPenguin09 posted...

If this doesn't happen I can go up to the prosecutor and ask for a plea bargain for something that's non-criminal. If they can do that I pay the fine and be done with it.

Remember to raise your voice as high as you can and demand for the plea bargain. And record it with your phone.

Ask the prosecutor's name on camera.
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DesertPenguin09 posted...

A lawyer called me back from the Q&A and I got some hard confirmation on things:

Most likely they will offer a Marijuana ACD which means it goes away if I'm not arrested for anything in 180 days. It's a very good deal and usually offered to first time offenders but not guaranteed. If this doesn't happen I can go up to the prosecutor and ask for a plea bargain for something that's non-criminal. If they can do that I pay the fine and be done with it. On my record yes but it won't be a criminal offense so it shouldn't affect things much, maybe just high end jobs/places. If they don't have something that day I can ask for another date. And in the end if I can't pay the fine right away I can delay it 60 days.

So your charge is criminal then?

Do it right and get the arrest removed as well. That will hurt you more than whatever non-crinimal plea bargain you take.

And careful on the extensions, especially in the backwards Upstate NY counties. I ended up paying $50 extra because the prosecutor asked if I had the money and when I said "let me check in my car", he changed it to a similar charge that allowed 30 days to pay, but ended up having to pay an extra $50 court fee.
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Goodbye Disability you know you have to report this to the Social security office
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DoctorVader posted...

DesertPenguin09 posted...

A lawyer called me back from the Q&A and I got some hard confirmation on things:

Most likely they will offer a Marijuana ACD which means it goes away if I'm not arrested for anything in 180 days. It's a very good deal and usually offered to first time offenders but not guaranteed. If this doesn't happen I can go up to the prosecutor and ask for a plea bargain for something that's non-criminal. If they can do that I pay the fine and be done with it. On my record yes but it won't be a criminal offense so it shouldn't affect things much, maybe just high end jobs/places. If they don't have something that day I can ask for another date. And in the end if I can't pay the fine right away I can delay it 60 days.

So your charge is criminal then?

Do it right and get the arrest removed as well. That will hurt you more than whatever non-crinimal plea bargain you take.

And careful on the extensions, especially in the backwards Upstate NY counties. I ended up paying $50 extra because the prosecutor asked if I had the money and when I said "let me check in my car", he changed it to a similar charge that allowed 30 days to pay, but ended up having to pay an extra $50 court fee.

Nassau County so hopefully different but idk. That sounds sketchy
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Damn dude how much weed did you have? You have to have 2 oz or more for it to become criminal.
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voldothegr8 posted...

Damn dude how much weed did you have? You have to have 2 oz or more for it to become criminal.

The million dollar question. He means how much do they ALLEGE that you have?
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DawkinsNumber4 posted...

voldothegr8 posted...

Damn dude how much weed did you have? You have to have 2 oz or more for it to become criminal.

The million dollar question. He means how much do they ALLEGE that you have?

Yes because if the cops rolled their eyes its all over
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A little over an 8th but it was in the open and/or burning which is different from unlawful possession.
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Either way I'm paying money so best start saving
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