In October, I was at a concert. My friend talked me into snorting adderall (her prescription drug), telling me that it would give me a high. Normally, I wouldn't go along with it EVER but seeing that we were all drinking and having a good time, for some stupid reason, I went along with it. I have never done anything illegal in my life and being 27, I thought I would make a better judgement call than this but I didnt. Undercover police officers were watching us and took us to their HQ in the concert parking lot. We were issued city ordinance citations (fine of $426.50) and we were let go, free to go back to the concert grounds. According to them, we got off really easy and I know that we did. What we did was commit a felony. So I am thankful for that. But I obviously regret that night and have definately learned my lesson. My court date is coming up and I need help. I dont want to go in and plead not guilty because I did it, I'm not going to lie about that. More to come...Need help and legal advice. Heres the whole story...?
Your state would be helpful to answer your question completely. But I will tell you what it would mean in New York.
If it is not a misdemeanor or a felony it technically is not a crime, but a violation much like a traffic ticket. While it will be on your criminal record it should not prevent you from entering the criminal justice field of employment. My advice is to own up to it, never lie about it and when asked about it be honest and say what it was...a monumental lapse in judgment. There are thousands of police officers, lawyers and judges who have misdemeanor convictions and this is less than that.
What you did was not a felony. It was mere possession. What your friend did was, that was technically a sale (just to let you know.) Before someone jumps on me, you don't need to exchange money for a sale, simply giving drugs to someone is in and of itself a transaction and constitutes a sale under the law, although rarely prosecuted.
Listen to your lawyer, get a lawyer if you don't have one, and they will tell you the ramifications for pleading guilty.
The one thing that might come back to haunt you is that federal student aid can be denied for narcotic convictions regardless of the level. So be aware of that.
Some of the advice on here is really, really bad so always speak with an attorney in your State that will be best to assist you.Need help and legal advice. Heres the whole story...?
You can do one of two things. You can say that your friend was sober and that he/she enticed you into inhaling the drug when you were not in the mental state to make the decision. You crime though was ma lam prohibit um. A lawyer could take your case, but you'd spend more in legal fees. Your best bet is to just plead guilty. 421.50 is worth not being charged with a felony. Remember not to make a seen. Pursuing a career in anything with a misdemeanor is fine. Its the same as a speeding ticket. A fine and being convicted of either a misdemeanor or felony is very different.
I believe you have gotten sound advise from ';strangeda...';; request a Public Defender if you do not have the resources to retain a lawyer, and then be guided by his recommendations. He will be familiar with the DA and Judge, not to mention your local protocols. Please stay guarded from bad and/or poorly thought out advise, after all this is you future. With that said, beside poor judgment and timing, the charge is only a violation...relax!
Yes, seek the advise of a Public Defender. Most courts are overworked and are willing to plea bargain on first offenses. Ask about a ';retirement'; or a deferment( have case put off)
also volunteer for probation with drug screens, if courts will set a retirement date. In a nut shell, I arrest you (The Law) you go to court and plea out. You willing accept a probation with drug screen (once a month or more often) if the Courts will allow you to come back in a year( with a clean record, no dirty drug screens and having taken drug rehab) and have your record expunged( or deleted from Court records)
This is very important, if you are seeking a job in the Law Enforcement area. I currently employee and hire Certified/Sworn Deputies...I have my choice of college educated and former Military personnel. So, I have become very picky..I will not hire anyone with a drug charge No Matter How Long Ago it Happened.
I have turned down people for jobs, that had a simple possession charge from 20 years ago.....There are too many people with degrees that I can hire, with clean records
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you know you did it. you just admitted it. if you just got a citation and it is not going on your record you might as well plead guilty to something you know you did. if you don't it will just be more long drawn out days in court. just plead guilty, pay your ticket, and get on with your life. just take it as a lesson learned.
You are trying to plead guilty to this without it being on your record. Almost impoossible. However, you can plead guilty to the charge and request probation. That once you have successfully completed probation, then the court will expunge the record. BUT, this must be requested and the State's Attorney must agree. Be sure that this is stated in the record. As a paralegal, the worst advice that law firms, especially criminal defense firms have, are the wrong advice by people in law enforcement. Particularly police officers. Any criminal defense attorney would tell you this. If it involves probation or community service, that is not a conviction for denial of expungment purposes. Check with an attorney about what constitutes a conviction in your State.
Protect your clean record at ALL cost. Are you sure what you did was really illegal? Look very carefully at the law you are charged with breaking. This sounds like a VERY thin charge, and DON'T plead guilty, let a jury decide if it comes to that. This charge is SOOO thin the prosecutor may just decide to drop the charge rather than take such an absurdity in front of a jury. Taking a sniff of your dates prescription inhaler? Uhhmmmm...
Strangedaze23 really has given you an excellent answer. I laughed when I saw that he/she is a ';criminal lawyer in New York';...I think it might be better to say that he/she practices criminal law in New York, but to each their own :)
However, there's one thing that nobody has addressed so far. Depending on what career field you choose in criminal justice, the mere facts of the citation and the circumstances surrounding the citation are almost certainly going to become an issue, guilty or not...on your record or not.
Many applicants in the criminal justice field are subject to background checks prior to being offered employment. Often there are questionaires to be completed and polygraphs to be passed. I would venture a pretty educated guess that if you are subject to either of those things, the subjects of drug use, citations for city ordinance violations, etc., are going to be discussed.
In other words, I *greatly* admire your intention to accept responsibility for what you've done, but I'm thinking you may be focusing too much on what you're not going to be able to avoid anyway. You (understandably) want this to become as though it had never happened, and the simple fact is that as honest as you evidently are, you're probably going to end up telling a future prospective employer about it anyway (or they're going to find out).
Talk to a lawyer and work out the best deal you can get. That only makes sense. But remember that no matter what deal you get...even up to having the case dismissed...you're very likely going to be asked about it at some point in the future and you're going to end up telling someone exactly what happened anyway.
Best of luck - good people make bad choices all the time, and very often go right on to becoming even better people because of it.
the arresting officers did you avery big favor by charging you under city municipal ordinance you will not have any record consider it like a littering fine
okay i am a cj major so i know what you mean by all of this. Yes you should have a lawyer and plead guilty but the thing is this kinda thing can stick to your record . i am not sure what u wanna do with your degree but if it law enforcement its gonna be tuff . best thing is to talk to a lawyer bc they know more of the ends and outs of getting that took off ur record!
A city ordinance violation will not show up on your criminal record. A city ordinance violation is a civil violation and not a criminal one. You're sweating over nothing at least if you live in Indiana.
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