What to do if I was recently arrested for misdemeanor posession of marijuana and paraphernalia?

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What to do if I was recently arrested for misdemeanor posession of marijuana and paraphernalia?

I am a juvenile who was recently arrested for misdemeanor posession of marijuana and paraphernalia. The facts about the arrest are as follows: the marijuana was never found in my posession nor anywhere near me. My mother called the police and handed them the marijuana saying that it was mine. They charged me with possession. I was put in a diversionary program to stay out of court. If I plea that the marijuana was in fact not mine and that the police forced me to say it was and that it was not found in my possession, will I have a chance of getting it dismissed?

Asked on April 16, 2012 under Criminal Law, Florida

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

If in fact the items are yours and your mother is willing to testify to that, finish the program and be done with the case.  If the items are not yours and your mother is mistaken then you should consider fighting it.

Maury Beaulier / Minnesota Lawyers.com

Answered 9 years ago | Contributor

First, if you are in a diversuionary program, successful completion of that program means the charge is dismissed.  THat is a good result and one that should be desired. 

Second, if you opt out of the diversion program, you must stand trial on the charge where you risk conviction and a permanent record. If you stated to  police that the marigjuana was yours, those statements can and will be used in a trial. 


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