If I was arrested last month for a marijuana possession charge but had no idea it was in the car, what shouldI do?

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If I was arrested last month for a marijuana possession charge but had no idea it was in the car, what shouldI do?

Asked on July 10, 2011 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A possession charge is a criminal offense.  Consequently you should have legal representation. A skilled experienced criminal law attorney might be able to get the charge dismissed on a technicality or at least get it reduced.  They may also be able to win an acquittal at rial if it comes down to that. Additionally, if you are a first-time offender, a defense lawyer may also be able to arrange for "diversion" ( or TX's equivalent) which is an alternative sentencing program. With diversion the defendant pleads guilty to the charge, receives probation, and upon its successful completion the charge is withdrawn and the case dismissed. Your record should be automatically cleared (i.e. "expunged"). 

 

Note:  Diversion is only allowed for a first offense.  This means that if you get into trouble again, it will not be available for you regarding any future charge(s).  That's why if you get an attorney and the get the your case dismissed, you will be eligible for diversion if you should ever need it again.


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