Is it better to plead guilty or no contest in a court of law that involves a marijuana possession charge?

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Is it better to plead guilty or no contest in a court of law that involves a marijuana possession charge?

I was given a possession charge a couple of days ago and i was wondering whether it was better to plea no contest or guilty. I am also wondering if there is a way to get this off of my record and also if there is a way to stay off of probation or diversion?

Asked on February 13, 2012 under Criminal Law, Nebraska

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

First, no contest and guilty are pretty much the same plea (guilty).  Usually, a person will enter a no contest plea so that his admission cannot be used in later civil suit.

Probation and the type is up to the judge.  Usually, you want bench probation so you do not have to pay and check in with a probation officer. 

As far as getting it off your record. I assume you are asking when can you get your record expunged.  Depending on your record and your state, the minimum requirements can be different.  Usually, if you do not get in trouble for three years after you are sentenced, you can file a petition to expunge your record.

That said, depending on your record, the prosecutor may allow for a plea that is held in abeyance for a period of time.  If you do all that is required by the court, the court can dismiss it on a motion after you successfully complete probation.

Hope this helps.


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