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Old 09-10-2009, 06:29 PM
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Unhappy Possession in Nevada. Please help!

I'm 20 years old and i got arrested for possession of marijuana one ounce or less first offense. I have to go to court in a few days for it. Ive been trying to look up the laws and what i found is for adults 21 and over its a $600 fine and a misdemeaner. but it says for minors under 21 its a felony. everyone i talk to says its not going to be a felony but why would the laws say this? what would it count for me if im a 20 year old adult? please any help is greatly appreciated.
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Old 09-10-2009, 07:09 PM
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hello C76976, I'm sorry to hear of your plight with the law. You can go to the NORML site and look up your state and get the real dope on what your state will do to you in your situation. If you have a GOOD lawyer you can prolly get away with a slap on the wrist. But that good lawyer will prolly want a year of your wages to handle your case. Since this was your first offense against society you might get off with the minimal sentance. Which is what I hope happens. But you will be watched closely since you are now on the drug watch list. The law is always written so that if and when someone breaks the law the system can (if they have a hard-on for ya) give you some out-of-this-world penalty with the thought in mind that the harsh sentance will MAKE you walk the chalk. You are so close to 21 that the courts will see you as such and will charge/fine you accordingly. But if you were 16 it may be a different story. Stay calm, research, stay calm, talk to lawyers, (you usually get a 1 time counseltation free), stay calm and go into court informed. Good luck and stay calm.
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Old 09-10-2009, 07:18 PM
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Ya Cheese ,You need a good lawyer.Sorry this happened.Norml Nevada should have some specialty lawyers on the site
Good Vibes to you
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Old 09-10-2009, 07:25 PM
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from: http://norml.org/index.cfm?wtm_view=&Group_ID=4550


Possession Age 21 years or over, less than 1 oz (first offense) misdemeanor rehabilitation treatment $600
Age 21 years or over, less than 1 oz (second offense) misdemeanor rehabilitation treatment $1,000
Age 21 years or over, less than 1 oz (third offense) gross misdemeanor 1 year $2,000
Age 21 years or over, less than 1 oz (fourth offense) class E felony 1 - 4 years $5,000
Age less than 21 years less than 1 oz (first and second offense) class E felony 1 - 4 years** $5,000
Age less than 21 years less than 1 oz (third offense) class E felony 1 - 4 years $5,000 **Probation usually granted for 1st and 2nd offenses.
Medical use permitted if less than 1 oz or 3 to 4 plants.

you need an attorney like now <-- Clicky Clicky
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Old 09-10-2009, 10:29 PM
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more laws that do not make any sense logically. no surprise there.
good luck. you may want to consider volunteering for community service to soften the blow if possible.
also, get a haircut if you need one, and buy a suit. trust me.
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Old 09-11-2009, 01:47 AM
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get a lawyer. for first offense you wont get the full hit of 1-4 years + 5K, especially if you have legal representation. not to mention people with lawyers go first in those low level courts....so the hearing goes by faster (instead of having to show up at 8am and wait until like 2pm to have case heard).

worst comes to worst you are looking at probation up to a year probably), meaning drug tests every month, rehab classes, a restricted license (only allowed to go to school and work), and community service.

best situation lawyer would get this down to small misdemeanor possession, 6 months probation, 6 month restricted license, community service, monthly drug tests. in some states for first offense of this kind, you can even get it wiped from your record (so it doesnt even show up to anyone after like a year or two) if you do all your stuff right.

oh yeah and the lawyer shouldnt charge you that much for this, its not like alot of research or case-building goes into a simple possession charge. A couple hundred dollars at most (at least just for lawyer fees....unless you plan on challenging the Controlled Substance Act constitutionally for the next year or two....). i dunno what the fines would be, it depends on what you get charged with

good luck hope this helps!
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Old 09-11-2009, 02:08 AM
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Good advice there DiaBetic.
He could also try the 'affirmative defense' rule here in Nevada.
If he shows that he NEEDS cannabis to treat his medical condition. I think that's supposed to work even with no doctor rec and/or State MMJ card.
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Old 10-26-2009, 03:03 AM
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I accept with information:Possession Age 21 years or over, less than 1 oz (first offense) misdemeanor rehabilitation treatment $600
Age 21 years or over, less than 1 oz (second offense) misdemeanor rehabilitation treatment $1,000
Age 21 years or over, less than 1 oz (third offense) gross misdemeanor 1 year $2,000
Age 21 years or over, less than 1 oz (fourth offense) class E felony 1 - 4 years $5,000
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Old 10-27-2009, 09:04 AM
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Hey man,

Make sure to tell your lawyer what you expect him or her to do for you. You're hiring him to provide a service and if you allow him to bullshyte you he or she definitely will. Tell the lawyer you want a PBJ (Probation Before Judgment not a Peanut butter and jelly sandwich!). This is a totally reasonable request to make and judges often give first time offenders a PBJ. A PBJ basically means your record will be washed clean after a year as long as you fulfill all of the obligations of your probation successfully.

You shouldn't pay more than $3000 (maybe half that) for a good lawyer in this case considering it is your first offense but I guess it really depends on your state more than anything. Where I live this is standard operating procedure for any lawyer worth his or her salt if the case cannot be dismissed or stetted. Keeping your record clean should be your highest priority and you need to stress the importance of that to your lawyer.

Good luck,

-the Corsican.

P.S.,

Just realized this thread is over a month old. It's still good advice though. How did your case turn out?
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Old 10-27-2009, 09:12 AM
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Yes, how did it go, Cheese?
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Old 10-27-2009, 10:52 AM
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Quote:
Originally Posted by SomeDude View Post
from: Nevada - NORML


Possession Age 21 years or over, less than 1 oz (first offense) misdemeanor rehabilitation treatment $600
Age 21 years or over, less than 1 oz (second offense) misdemeanor rehabilitation treatment $1,000
Age 21 years or over, less than 1 oz (third offense) gross misdemeanor 1 year $2,000
Age 21 years or over, less than 1 oz (fourth offense) class E felony 1 - 4 years $5,000
Age less than 21 years less than 1 oz (first and second offense) class E felony 1 - 4 years** $5,000
Age less than 21 years less than 1 oz (third offense) class E felony 1 - 4 years $5,000 **Probation usually granted for 1st and 2nd offenses.
Medical use permitted if less than 1 oz or 3 to 4 plants.

you need an attorney like now <-- Clicky Clicky
All of that is down right wrong for all of them any age any time,, this is got to stop,,, and it puzzles me why is it that a young person just starting out in life is scared as a felony, a much stronger sentence then the adults,, That is just crazy
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Old 10-27-2009, 11:06 AM
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You got that right, Deb! Yeah... why would the younger one be the felon??
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Old 10-27-2009, 11:39 AM
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Because the system is completely screwed and makes no sense, all in order to intentionally confuse and zap the will of the people. Keep your enemy off balance and manipulate your enemy emotionally.

Just my worthless two cents,

-the Corsican.
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Old 10-28-2009, 11:37 AM
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"Keep the enemy guessing,make kaos an confusion seem the norm....then strike." Sun Tzu The Art Of War and believe me this is war.
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