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Busted with less then 1 ounce of pot

NorcrossGaHighSchool

Bluelighter
Joined
Oct 4, 2001
Messages
21
Location
Norcross,Ga
im 17,an was smoking this morning at a pool before school,long story short,cops busted us with possession of less then 1 ounce of pot, what is gonna happen to me,they said i have a court date of dec 4 at 130,but i could just pay a fine?? what does this mean any legal advice would be helpful, also im in Georgia.
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AIM: Mario1235
"Welcome to Good Burger home of the Good Burger, can I take your orderrr??
 
The maximum sentence you could get is one year in jail (not prison). The fine for me in GA was $1000, plus you'll be on probation with drug tests and you'll probably have to do some community service. You'll be able to get first offender status if you have no previous record, which means that you won't have an official criminal record unless you get busted again. I doubt that you will have to serve more than a few days in jail at the most, however. Good luck, and be sure to show up for your court date.
Then again, since you're just 17 you'll probably only get a slap on the wrist.
[This message has been edited by Curious_George (edited 23 October 2001).]
 
Heres what i could find on the law, it might be different since im 17
LICENSE SUSPENSION DUE TO DRUG CHARGES;
O.C.G.A. § 40-5-75
If you are convicted for possession, distribution, manufacture, cultivation, sale,
transfer of, the attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell, or transfer a controlled substance or marijuana, or DUI Drugs,
your license will be suspended. In other words, if you are convicted of anything
relating to drugs, there is a strong likelihood that your license will be
suspended without any work permit. This includes less than one ounce of
marijuana.
1.Upon a first conviction for any drug charge listed above the period of
suspension shall be for not less than 180 days. At the end of 180 days,
the person may apply to the department for reinstatement of his or her
driver's license. Such license shall be reinstated only if the person
submits proof of completion of a DUI Alcohol or Drug Use Risk
Reduction Program approved by the Department of Human Resources
and pays to the Department of Motor Vehicle Safety a restoration fee of
$210.00 or $200.00 when such reinstatement is processed by mail. A
plea of Nolo-contendere will not save a driver’s license unless it is a first
offense possession of marijuana.
2.Upon the second conviction of any such offense within five years, as
measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is
obtained, the period of suspension shall be for three years, provided that
after one year from the date of the conviction the person may apply to
the department for reinstatement of his or her driver's license by
submitting proof of completion of a DUI Alcohol or Drug Use Risk
Reduction Program approved by the Department of Human Resources
and paying to the Department of Motor Vehicle Safety a restoration fee
of $210.00 or $200.00 when such reinstatement is processed by mail.
For purposes of this paragraph, a plea of nolo contendere and all
previous pleas of nolo contendere within such five-year period of time
shall constitute a conviction; and
3.Upon the third conviction of any such offense within five years, as
measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is
obtained, such person's license shall be suspended for a period of five
years. At the end of two years, the person may apply to the department
for a three-year driving permit.
NO CREDIT TOWARD A LICENSE LICENSE SUSPENSION DUE
TO A DRUG CONVICTION WILL BEGIN UNTIL THE DRIVER'S
LICENSE OF THE OFFENDER IS CLEAR FROM SUSPENSION
FROM ALL OTHER CHARGES. IN ADDITION, THE SUSPENSION
WILL NOT BEGIN UNTIL THE LICENSE IS SURRENDERED TO
THE DEPARTMENT OF PUBLIC SAFETY.
Drug Related Crimes - O.C.G.A. 16-13-30
In Georgia It is illegal to purchase, possess, control, manufacture,
deliver, distribute, dispense, administer, sell, purchase or possess with
intent to distribute any controlled substance. ("Controlled substances"
are defined O.C.G.A. 16-13-25 through 16-13-29 they range from
marijuana and cocaine to most prescription drugs that one can buy in a
drug store.)
Possession - O.C.G.A. 16-13-30
In Georgia, possession may be actual or "constructive." Constructive
possession means that the person is not actually holding the drugs on
their body. Drugs may be found in a car or on property owned or
controlled by that person, then they are presumed to be in possession of
the drugs. Also, if a defendant is seen with drugs (or a package that is
later proven to contain drugs), and a police officer observes the
defendant hiding or discarding them, he may still be convicted of drug
possession even thought he didn’t actually have them when he was
arrested.
Punishment: Generally, a felony, unless it is less that one ounce of
marijuana. The jail term varies depending on the type of drug the
defendant was in possession of.
Trafficking - O.C.G.A. 16-13-31
If a defendant knowingly sells a controlled substance in the state of
Georgia, he may be found guilty of selling drugs. Under O.C.G.A.
16-13-30.1, it is also illegal for a person to sell a non-controlled
substance by representing it as a controlled substance. Thus, it is a
crime to sell the herb oregano by representing it to be marijuana.
Punishment: varies depending on the type and amount of drug the
defendant allegedly sold. A convicted defendant may also
encounter mandatory sentences for the sale of specified quantities
of certain drugs. For example, a person convicted of selling
between 28 and 200 grams of cocaine must serve a mandatory
minimum sentence of ten years and pay a $200,000.00 fine.
Conditional Discharge for Possession as First
Offense - O.C.G.A. 16-13-2
If a person is a first offender, who has never been convicted of any drug
offense in Georgia or any other U.S. State, the court may, without finding
him guilty, defer the proceedings against him. The defendant will then be
placed on probation, and the court may require drug treatment,
counseling or rehabilitation program. If the terms of probation are
violated, a guilty verdict will be entered and the defendant will be
sentenced. If, however, the defendant complies with his probation, the
proceedings against him will be dismissed.
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AIM: Mario1235
"Welcome to Good Burger home of the Good Burger, can I take your orderrr??
 
You should take this question over to the Media, Busts and Legal Issues forum - you'll get better answeres there probably. In fact, the mods here might like you enough to move it for you!
But my personal opinion, and this is just a gut feeling since I don't know GA law at all. I wouldn't worry too much, your a minor, your first offense, it was a butt load of pot but it sounds like there was a few of you so you may be able to avoid intent to distribute. Most likely you'll get PBJ (probation before judgment), have to pay a fine, take piss tests, attend a rehab thing and do some community service.
Theres a guy DrGonzoESQ in legal issues forum who knows his shit.
 
^
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That's an awesome greenlighter post
biggrin.gif
 
Gotta give Legacy props - that's definatly a greenlighter comment.
*sigh*
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-Memnon
--X T C
 
OK, I read all of what you typed, but like I said, if you're a first offender and are middle class they will defer all of that license suspension crap and put you on probation like they did me. Keep in mind, I had pot and acid. Anyway, if you complete your probation then you won't even have a criminal record.
On the other hand, since we are in Georgia, I think that the judges have a policy for making examples out of underage marijuana offenders and sending them to state run boot camps for six weeks. So you might want to get your parents to hire a good lawyer. Have you talked to your parents about it yet?
 
Dude, dont sweat it. 5 of my friends all got busted with an ounce each. All they had to do was complete a 6 week drug class, no fine, service or nothing. That is in Md though, not sure about the laws there, but weed wont get you in much trouble on the first offense
 
Excellent news! You got busted! Best news I've had all week. I hope they lock your arse up and you get butt-fucked by Bubba everyday you are in there.
So you didn't get busted for driving while on E, guess we'll just have to settle for you getting busted for possession instead. Arseholes like you just need locking up, end of story.
Harry
 
I would move this to that pot forum but it's easier to sum it up then close this -
You got busted with a small amount of pot, you might get a long suspension, possibly expelled... legally you're cool.. you will get probation and some stupid class, that is all.
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"I am not one of those weak-spirited, sappy Americans who want to be liked by all the people around them. I don't care if people hate my guts; I assume most of them do. The important question is: 'What are they in a position to do about it?'" (William S. Burroughs)
 
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