how soon do i need an attorney for simple possession

What is a simple possession charge in New York?

For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.

When should I hire a lawyer?

Other fairly common matters requiring a lawyer’s help included traffic matters, insurance claims, bankruptcy, auto accidents, and being a complainant or defendant in a criminal proceeding. Should I save money and wait until I absolutely need the lawyer's services?

Do I need a lawyer to deal with a legal problem?

Some problems are not really legal—or are not exclusively legal—and can be handled, at least in part, with the help of psychologists, the clergy or other counselors. But many problems do have a legal dimension and require a lawyer's help. The following questions and answers provide guidance.

What is simple possession of marijuana?

What is Simple Possession of Marijuana? For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.

How much is a simple possession charge in SC?

between $100 and $200Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.

How do you get a simple possession charge dropped in SC?

Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned:Plea Bargaining. ... Entrapment. ... Miranda Rights Violation. ... Unlawful Search or Seizure. ... Insufficient Evidence. ... Prosecutorial Discretion.

What is the punishment for simple possession in Tennessee?

Simple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine. The criminal offense of simple possession, as the name indicates, usually means that you possessed a controlled substance, but did so for personal use and were not selling the drug.

Is simple possession a misdemeanor in Tennessee?

The crime of simple possession sounds like a minor incident, but according to Tennessee Code 39-17-418, the offense is a misdemeanor. The punishment for a conviction ranges from no jail time to up to a year in jail. The fine for simple possession is $2500.

How do you get a possession charge dismissed?

If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.

Can 2 people be charged with the same drugs?

Because it is possible for two people to have both the ability and the intent to exercise control over the same item, two different people can both be charged with possessing the same drugs.

How do you beat a simple possession charge in Tennessee?

Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.

What is sentence with simple possession?

If you have been arrested for simple possession or casual exchange, you could be charged with a Class A misdemeanor, punishable by a maximum jail sentence of one year and/or a fine of up to $2,500. You could also be arrested for possession of drug paraphernalia, which is also a Class A misdemeanor.

Can you go to jail for drug possession?

It is possible to go to prison for a few weeks or months for simple possession. You will get a harsher sentence if you were in possession of drugs in or near a school, or in a prison.

How long does a simple possession stay on your record in Tennessee?

foreverConvictions for simple possession, with only a few exceptions, are forever. A conviction, even one that carries no jail time and only a fine, will land you on probation for the year and stay on your permanent record forever.

What is a Schedule 1 drug in Tennessee?

Tennessee Drug Classifications Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD (blotter acid), heroin, ecstasy (MDMA, “Molly”) mescaline, and psychedelic mushrooms (psilocybin).

What is a Schedule 4 drug in TN?

Some of the Schedule IV drugs in Tennessee are Xanax® (alprazolam), Valium® (diazepam), Klonopin® (clonazepam), and other benzodiazepines/ sedatives. Schedule V substances have a very low risk of dependency and include things like Tylenol with Codeine®.

What Is the Fine in North Carolina for Marijuana Simple Possession?

In North Carolina, if you are a first-time offender caught with less than half an ounce of marijuana, you can expect to pay a fine of $200. For the first offense of possession of more than half an ounce (½) and up to one and a half (1 ½) ounces of marijuana, the fine is increased to a maximum of $1,000 and may also carry with it anywhere from 1 to 45 days in jail.

What Are Some Simple Possession Defenses?

Oftentimes, marijuana possession charges are the outcome of a routine traffic stop. In these circumstances, it is crucial for you to understand that you have enforceable rights under the Fourth Amendment. Under this Amendment, drug charges may be dropped or dismissed due to an improper arrest (such as a lack of probable cause to stop you or your car), an illegal search and seizure, or a failure to inform you of your Miranda rights before you were detained.

How much marijuana can you have in North Carolina?

The laws regarding marijuana possession in North Carolina can be found in G.S. 90-95. According to this statute, if you are a first-time offender caught with less than half an ounce of marijuana, you may be charged with a Class 3 misdemeanor, in which you may avoid jail time and only need to pay a fine. Possession of one-half to one and a half ounces of marijuana is a Class 1 misdemeanor, which can land you in jail for up to 45 days. If you are in possession of anywhere from one and a half ounces to up to ten pounds of marijuana, the charge becomes a felony and may be punishable by up to one year in prison.

Can you be arrested for possession of marijuana in North Carolina?

The penalty you receive for drug charges in North Carolina may be largely influenced by your prior criminal history. It is not uncommon for people arrested for simple possession to suffer from a substance abuse problem. While simple possession of marijuana does not always indicate addiction, a history of drug arrests and additional criminal convictions may suggest a substance abuse problem. This, along with the amount of drugs confiscated and the type of drugs involved will play a significant role in the determination of your penalty. (Note that in North Carolina, prescription medications can result in criminal charges.)

How much heroin is required for a first offense?

A first offense conviction carries up to two years imprisonment and/or fines up to $5,000. A second offense conviction carries up to five years imprisonment and/or fines up to $5,000. And a third or subsequent offense conviction carries up to five years imprisonment and/or fines up to $10,000.

How much weight is required to be charged with possession of cocaine?

There is a weight threshold of one gram or less to be charged with Possession of Cocaine. A first offense conviction carries up to three years imprisonment and/or fines up to $5,000. A second offense and a third or subsequent offense Possession of Cocaine charge is a felony and conviction can carry up to five years and/or $7500 fines (for a second offense) or up to ten years and/or $12,500 in fines (for a third or subsequent offense).

How much marijuana is considered a simple possession?

For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.

Where is marijuana possession prosecuted?

Additionally, Simple Possession of Marijuana is the only drug charge that is prosecuted at the Magistrate or Municipal level. All other drug charges, including Possession of Cocaine, are prosecuted in the General Sessions or Circuit Court.

What is the goal of the Complete Legal Defense Team?

Our goal at the Complete Legal Defense Team is to examine the facts and circumstances completely and help our clients.

When does a drug charge change to PWID?

When the weight of the drug exceeds the amount considered for “personal use,” or when there is an additional inference , the charge can change to Possession with Intent to Distribute (PWID) or Trafficking, again depending on the weight.

Should I save money and wait until I absolutely need the lawyer's services?

No. An ounce of prevention is worth many dollars and anxious hours of cure. Once you have determined that you need professional legal help, get it promptly. You can get the most help if you are in touch with a lawyer as soon as possible.

Can counseling solve some problems?

Yes. Sometimes problems that seem to be “legal” may be solved or prevented by other means. Many groups offer guidance and counseling for personal problems arising in marriage, child rearing, and managing finances. Private counselors or members of the clergy also may provide such help.

What do lawyers do?

In fact, lawyers often help clients in matters that have nothing to do with disputes. For example, people might seek their lawyer’s advice on legal aspects of starting a business or engaging in a partnership, when buying or selling a home, or for information and advice on tax matters or estate planning. Some clients receive regular legal checkups ...

How to resolve a grievance without a lawyer?

There are many ways to solve a grievance without resorting to lawyers. If you believe a business has cheated you , you may get help from a consumer protection agency run by your city, county, state, or federal government. Many businesses, stores, and utility companies have their own departments to help resolve consumer complaints. Some communities have an ombudsman, a government official whose job is to mediate and resolve minor landlord/tenant, consumer, or employment issues. Local television and radio stations may have programs to resolve consumer - related disputes.#N#Most states also have dispute resolution centers. These centers, which may be known as neighborhood justice centers or citizens’ dispute settlement programs, specialize in helping people who have common problems and disputes. Their services are often available for a small fee, or even at no cost.

Why do people need a lawyer?

There are many reasons that an individual might consult a lawyer. Some of the most common legal matters taken to lawyers involved: 1 real estate transactions 2 drawing up a will 3 as a party to a lawsuit 4 divorce/separation 5 probate/estate settlement matters 6 child support/custody matter 7 draw up an agreement/contact

What is the job of an ombudsman?

Some communities have an ombudsman, a government official whose job is to mediate and resolve minor landlord/tenant, consumer, or employment issues. Local television and radio stations may have programs to resolve consumer - related disputes. Most states also have dispute resolution centers.

What is neighborhood justice center?

These centers, which may be known as neighborhood justice centers or citizens’ dispute settlement programs, specialize in helping people who have common problems and disputes. Their services are often available for a small fee, or even at no cost.

When Should You Seek Legal Advice?

You may seek legal advice in your life anytime. Although there are various types of legal issues, the most common cases where you need a lawyer are as follows:

What is criminal law?

Criminal law breaks the local, state, or federal government. It also includes small crimes and more serious criminal activity. These offenses are not handled by the prosecutor (legal representative appointed by the government. The accused person needs to defend the case with the help of a public or private defender.

What to do when you are terminated from a job?

When you are terminated from your positions, you should only claim for compensation and move on. You may have to pay a hefty amount to a labor lawyer unnecessarily, and there is a very low chance of getting success. So, you can avoid the legal system in such cases.

When do I need a lawyer?

When Do I Need a Lawyer? When someone sues you with a civil lawsuit, you may need to defend yourself from being innocent, that’s when you need a lawyer. Or you may need to file a lawsuit to get compensation for a simple civil litigation case. Here you need a civil lawyer or general lawyer who can help you get the money or compensation you need for the offense or loss.

Is driving while intoxicated a serious offense?

Driving under the influence (DUI) or driving while intoxicated (DWI) can be a serious offense. Your license may get cancel ed, and you have to pay a hefty amount of penalty or even go to jail in some cases.

Can you file a lawsuit against an employer?

Sometimes people get termination by their employer without proper notice and with abusive behavior. Here you can file a lawsuit against the employer. However, you can do it yourself, but an employment lawyer can represent you in a better way on behalf of you.

What happens if you are accused of possession of less than an ounce of alcohol in California?

If you're accused of possessing less than an oz in California, you are not entitled to the Public Defender's services. Simple possession is an infraction, just like a traffic ticket. It's a small fine and no mandatory court appearance. Don't waste your money hiring a lawyer. If you're accused of anything more serious than simple possession (e.g. intent to distribute, transportation, etc.), then you should definitely speak with a private attorney to discuss your options before you make any decisions in the case.

What is a public defender?

A public defender is an attorney and most are very experienced and good at what they do despite a somewhat sordid public opinion. Even a first offense marijuana charge can have severe consequences such as a loss of your driving privileges , not to mention fines & costs, probation, and possibly jail. Stick with an attorney just to be on the safe side.

Is a traffic stop a minor charge?

Depends upon whether you have a defense. It's a minor charge with only a fine if convicted, but it will be on your record. If it was a traffic stop, there may be an illegal search issue, it would be wise to contact an attorney.