What to do if I was arrested for a misdeamnor marjaunna charge under 1 oz?

UPDATED: Mar 24, 2013

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What to do if I was arrested for a misdeamnor marjaunna charge under 1 oz?

However, one lawyer said that I must appear in court and another said he can take care of it without me being present. I don’t know which way to go. I am graduating from college in a few months and would like to keep this off my record. I have never been in trouble before. Can you give me some advice?

Asked on March 24, 2013 under Criminal Law, Massachusetts


Stan Helinski / McKinley Law Group

Answered 9 years ago | Contributor

it honestly depends on the charges. Most of the time, despite the marijuana being a "civil" amount (under one ounce), they have been seeking felony charges for distribution-- claiming that you were trying planning to distribute it.  So you would need a lawyer to look at the documents you receive from the government.  If a civil citation, you do not need to appear in court--you need only pay the fine.  

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 10 years ago | Contributor

Generally, a drug related charge requires a court appearance, i.e., it is not a charge you can simply mail in a fine payment such as a traffic ticket.  As to whether or not you would be required to appear, at times we can negotiate what is known as a "Plea In Absentia" (a plea in your absence), but this is typically allowed for Defendants who live out-of-state.  There are other options as well that we can negotiate which will allow the charges to be dismissed and the arrest expunged from your record.  The specific likely outcome of your case would require further information.  If you need further information or wish to discuss your case further, you should contact my office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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