advice on possession of marijuana offense?

UPDATED: Jun 24, 2009

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advice on possession of marijuana offense?

I was recently arrested along with two other people by the SD highway patrol for possession of marijuana, paraphernalia, and ingestion of a substance other than alcohol. I am from out of state and unfamiliar with South Dakota laws and sentencing. Do you think i should get a lawyer, is this type of thing taken very seriously in South Dakota? What type of punishment am i looking at, ie: jail time, fines, etc. I live in Montana and have work and school, making the court date next week is a likely problem. How can i push it back?

Asked on June 24, 2009 under Criminal Law, South Dakota


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a South Dakota lawyer, but I wouldn't say that marijuana possession isn't taken very seriously anywhere;  you haven't mentioned how much marijuana you were caught with, which is one of the important things to know in understanding just how serious this might be.

So, I definitely think you should get a lawyer in the part of South Dakota where you will be going to court, to defend you and give you reliable advice, based on all of the facts of your case.  One place to find a qualified attorney, in any state, is our website,

If you can contact a lawyer in the next few days, he or she may be able to get the court date postponed for you.  Otherwise, you will have to call the court yourself;  the telephone number should be in your paperwork.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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