Marajuana and drunk in public

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Marajuana and drunk in public

I was recently arrested for being drunk in public while I was outside of the bar. After the officer arrested me he then transported me to another officer that was going to take me to jail. Before I was put into the second officer’s car they searched me again where they found some marijuana in my pocket. I don’t do drugs so I’m guessing it was for one of my friends. I’m sure a lot of people say that in court so I was wondering what would be the best way to go about not having this on my record because I am trying to become a firefighter and can’t have this on my record.

Asked on May 5, 2009 under Criminal Law, California

Answers:

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

Answered 13 years ago | Contributor

You haven't said how much marijuana was in your pocket.  Since it wasn't found in the first search, I'm assuming it was a very small amount.  Since you have no previous drug arrests, you should be eligible for what California law refers to as "deferred sentencing."  This would allow you to be on probation, essentially, for a period of time, after which the charges could be dismissed without a conviction.  However, you would still have the arrest on your record, and I don't know how that would affect your ability to become a firefighter.

You should talk to an experienced criminal lawyer as soon as possible.  It may be very hard to persuade the court that you had no idea the marijuana was in your pocket, unless whoever put it there is willing to come into court and give himself up for you by admitting he put it there without your knowledge.  If you need to find a lawyer, you can do that at http://attorneypages.com


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