my daughter was parked at a park with friends, she does not smoke but unfortunately she was with the wrong people that had pharaphernalia, they cited her with this charge because it was her vehicle. I do not want a criminal bk ground on her because she is studying in criminal justice. What can be done to avoid a record.
Easy. Fight the charge. Do not plead guilty no matter how "easy" the sentence seems. She could also do diversion,( a period of "probation"-like service and supervision with a dismissal at the end). But I think the best course is to fight the accusation that the paraphernalia was hers, because it WASN'T.
Especially if the true owners of the stuff plead and admit, she can fight it perhaps with their truthful help that she had nothing to do with it and didn't even know it was in her car. It may cost some money, but if she gets a dismissal or an acquittal then she can move for a "factual innocence" order to totally clear up her record. You CANNOT do that if she pleads guilty to anything. To learn more about factual innocence, see my web site at http://lawyer-expungement.com. Good luck
I agree with you that you and your daughter need to do everything in order to keep her record clean. Having a marijuana-related conviction will inevitably complicate her future at some point. Often, students who have such convictions get turned down for federal financial aid, for example.
Fighting this charge should be fairly straightforward for a diligent lawyer who has experience in handling such cases. You need a lawyer, or at least consult with one - period. There are several ways in which the charge can be fought successfully.
Feel free to contact my office is you want additional non-binding consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
This offense carries a maximum of $100 fine for a first time offender. A typical offer would be in the ballpark of a $50 fine. As a result, it is rare for these cases to be set for trial. And, therefore, there is a decent chance that it will not be worth it to the prosecutor to fight this all the way. (In years past, I've set several for trial and never once had one go to trial.) Prosecutors understand that it may be difficult to secure a conviction on a minor offense especially with a viable defense and/or a likeable defendant. The case may very well get dismissed short of trial.
I recall that some courts in LA offer to dismiss contested MJ cases with court costs of $50. This way the court gets some revenue and the accused avoids a conviction.
You should keep in mind that if there is a conviction (whether by plea or verdict) the court is obligated to revoke your daughter's license because a motor vehicle was involved. Your daughter would have to reapply for a license after the revocation period expires (set by judge at time of sentencing).
