Your possible offer or exposure after trial will depend on a lot of different things. First, I would need to know what your priors are for. If your priors are for violent offenses or other drug cases you may fall outside of proposition 200 and be prison mandatory. Possession of marijuana and possession of dug paraphernalia are both class 6 felonies.
You really need an experienced lawyer to look over your case and your priors. I once worked on appeal with a police scenario much like yours and we got the conviction reversed and marijuana suppressed.
If you are are proposition 200 eligible and this is your first strike (1st drug charge) you can only get probation. If this is our second strike you can get probation and up to 1 year jail. If you fall outside of prop 200 and have one allegeable prior you are looking at mandatory prison .75 - 2.75. If you have 2 allegeable priors you could be looking at 2.25 - 5.75.
Again, there are many different scenarios depending on what your priors are for and how old your priors are.
If you can afford an attorney you should consider retaining one as quickly as possible. Your first court hearing will be in EDC. Sometimes the best negotiating can be done in that court.
Did the officer charge you with DUI too?
Best of luck to you,
Aaron Black
Criminal Defense Attorney
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Email:
[email protected]
http://www.aaronblacklaw.com