Personal possession of marijuana, specifically less than twenty (20) grams, is a misdemeanor offense of the first degree. Possession of more than twenty (20) grams, or delivery/sale of marijuana is considered a felony offense. The degree of the felony offense is determined by total weight, packaging, and circumstances surrounding the arrest.
All marijuana related offenses have the possibility of incarceration, or jail time. However, first time offenders and those people with minimal criminal history, more often face a period of probation. If you are convicted of possession of marijuana, regardless of whether you are charged with a misdemeanor or felony, your driver's license will be suspended. If you are charged in juvenile delinquency court, regardless if you are convicted or not, your drivers' license will be suspended.
Before attorney Jeanette Bigney looks at the possible punishment, or sentence, she will evaluate the case. One thing she will always look for is a valid and legal search. The U.S. Constitution, Fourth Amendment, provides unreasonable search and seizure without a warrant or probable cause. To the layperson this can be obscure or unclear. As a criminal defense attorney, it means how were you caught with the marijuana and were the officer's procedures in finding the marijuana constitutional. A common example of a good search is the "plain scent" exception. Most officers are familiar with the notorious smell of burnt cannabis through their training. If an officer walks past an occupied car and he can smell the cannabis the officer then has a good faith, or probable cause, to search the car and driver. In addition to "plain scent" there are other circumstances and scenarios where an officer can have probable cause to search you, your surroundings, or possessions. However, absent probable cause, a search can be improper and the discovery of cannabis cannot be admitted into evidence. Let me review your case for possible defense and favorable results in possession of marijuana crimes. Keep in mind that improper searches and related remedies are not available in all marijuana or drug cases.
Contact Jeanette Dejuras Bigney today for a free initial consultation. She is available 8:30 - 5:00 p.m. weekdays and by appointment on evenings and weekends.