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I recieved a citation for possession of Marijuana what are the consequences?
Anonymous3 views4 answers
I was with two other friends in my dorm room when the floor RA's confronted us and called the police. An officer arrived and took away all of the evidence. He told us that since it was a busy weekend he would come back on Sunday and give us citations for possession but would not charge us for any of the paraphernalia since we were cooperative. We were caught with about 6 grams of Marijuana. What sort of consequences will this citation have? Can I get it removed from my record by doing any programs?
Well the most important criminal charge to deal with is the first one you receive.
You should be eligible for a diversion program which would get the case dismissed and potentially off your record. But you really need to hire an experienced criminal defense attorney in your town to assist you with this because your record is just that important.
It all depends on the citation you are given. If it is a municipal ordinance violation, then it is a civil matter like a traffic ticket. It is not a crime and would not give you a criminal record. If, however, it is a citation based on a criminal statute, then you need to speak to an attorney as soon as possible. If you cannot afford one, apply to the public defenders office. However, if you are lucky, it will only be a municipal ordinance violation and not a big deal.
If it remains truly just a citation, it will have been charged as a forfeiture even though it could have been charged criminally as a misdemeanor. This is important, because under WI law a second offense criminal THC possession charge for personal use can be charged as a felony. If it is a forfeture case, fine and license suspension are the possible direct consequences, and loss of financial aid eligibility is a possible collateral consequence. If the officer comes back after talking it over with his superiors and issues criminal charges, you can add jail and probation to the list.
If you have other unrelated charges pending, it may make it harder to get into a diversion program, or convince a court to grant an expungement request. You need to consult a local attorney about your options, and if that means telling your parents and asking for help, do it. Failing to do so could seriously disrupt your college education.
In the meantime, you need to start obeying the law, (including underage drinking laws, if applicable) regardless of what your friends are doing.
