Simple Possession on Vacation.

StykyBudz

StykyBudz

Member
While in Charleston, SC I was charged with simple possession. Smoking a blunt while on the beach, yea not the brightest idea but hey had to experience it and got more than what I wanted lol. So here's how it goes. I had maybe half a blunt and a roach on me I was searched and they were confiscated I was not arrested just given a ticket to pay $620 or go to court. I live 6 hours from Charleston and they said I didn't have to appear just pay the fine. If I go that route doesn't it stay on my record or no since I wasn't arrested? Should I go to court and take my chances at PTI? This is my first offense only other thing on my record is traffic violations and its only one. I have 2 weeks to figure something out. Any advice would help as to I'm sure other people have went thru this.

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Harrekin

Harrekin

Well-Known Member
StykyBudz said:
While in Charleston, SC I was charged with simple possession. Smoking a blunt while on the beach, yea not the brightest idea but hey had to experience it and got more than what I wanted lol. So here's how it goes. I had maybe half a blunt and a roach on me I was searched and they were confiscated I was not arrested just given a ticket to pay $620 or go to court. I live 6 hours from Charleston and they said I didn't have to appear just pay the fine. If I go that route doesn't it stay on my record or no since I wasn't arrested? Should I go to court and take my chances at PTI? This is my first offense only other thing on my record is traffic violations and its only one. I have 2 weeks to figure something out. Any advice would help as to I'm sure other people have went thru this.

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If you pay the fine and avoid court its a civil matter and is done once the fine is paid, afaik it'll still be on your police record for the arresting place but that is wholly different to a conviction.

Unless America is wildly different to the rest of the developed world.
 
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schuylaar

Well-Known Member
StykyBudz said:
While in Charleston, SC I was charged with simple possession. Smoking a blunt while on the beach, yea not the brightest idea but hey had to experience it and got more than what I wanted lol. So here's how it goes. I had maybe half a blunt and a roach on me I was searched and they were confiscated I was not arrested just given a ticket to pay $620 or go to court. I live 6 hours from Charleston and they said I didn't have to appear just pay the fine. If I go that route doesn't it stay on my record or no since I wasn't arrested? Should I go to court and take my chances at PTI? This is my first offense only other thing on my record is traffic violations and its only one. I have 2 weeks to figure something out. Any advice would help as to I'm sure other people have went thru this.

Sent from my XT1080 using Rollitup mobile app
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Pass based on stupidity (SC is the deeeeeep south in case you were absent from 5th grade that day)..TNT subject matter..next..
 
Harrekin

Harrekin

Well-Known Member
hydrogreen65 said:
If you go to court, you will have to pay additional court costs. Usually a cpl hundred bucks and end up with same end results.
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Well if found guilty is that not considered being charged?

Whereas with just paying the fine you can avoid a criminal charge, no?
 
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BigNBushy

Well-Known Member
Well I look at it like this, agree with the law or not, you are obviously guilty of breaking it. Paying the fine will be a de facto admission of guilt. But it may be the more practical way to go.

If you go to court and attempt to fight it, one of two things is going to happen. First is you are found guilty, as you clearly are, and the same penalty will be imposed, plus court costs. The second is it pisses the judge off, and you end up with a stronger penalty.

The only other option is that most states have some sort of "get out of jail free card" that you get to use once, for more benign offenses, such as this. You will likely pay a fine, serve a year on probation, subject yourself to drug tests, and probably do some community service. You being out of state will make this all the more complicated. But if you satisfy all conditions, your record will be expunged.

If you want to go that rout, contact an attorney in the area, call a bunch of them, see who you like the best, and one day go and talk to a couple of them. They will probably charge you around $3k for this level of offense.
 
kelly4

kelly4

Well-Known Member
BigNBushy said:
Well I look at it like this, agree with the law or not, you are obviously guilty of breaking it. Paying the fine will be a de facto admission of guilt. But it may be the more practical way to go.

If you go to court and attempt to fight it, one of two things is going to happen. First is you are found guilty, as you clearly are, and the same penalty will be imposed, plus court costs. The second is it pisses the judge off, and you end up with a stronger penalty.

The only other option is that most states have some sort of "get out of jail free card" that you get to use once, for more benign offenses, such as this. You will likely pay a fine, serve a year on probation, subject yourself to drug tests, and probably do some community service. You being out of state will make this all the more complicated. But if you satisfy all conditions, your record will be expunged.

If you want to go that rout, contact an attorney in the area, call a bunch of them, see who you like the best, and one day go and talk to a couple of them. They will probably charge you around $3k for this level of offense.
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Anyone who is told by the courts that something will come off of their record after all obligations to the courts are fulfilled...is being straight up lied to. The arrest and conviction stays, until you take special measures to have it expunged.
 
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BigNBushy

Well-Known Member
kelly4 said:
Anyone who is told by the courts that something will come off of their record after all obligations to the courts are fulfilled...is being straight up lied to. The arrest and conviction stays, until you take special measures to have it expunged.
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You, or your attorney have to file the expungment order with the appropriate clerk.

I did something stupid when I was 19, I was given an expungment after 15 months probation and 200hrs community service.

You're not even supposed to be eligible for judicial deferment and expungment for what I was charged with, but after completing my stipulations, it was expunged, and my record cleared.

Now, some 12 years later, it doesn't show up on any background checks. I had to get a federal security clearance for something one time and it wasn't on the FBI's report on me.

While I'm sure there are instances of similarly situated people still having their expunged charge on their record, I would wager it was due to improper filing, or the person not doing all that was required.

I keep the expungment order in a safety deposit box at a bank, with copies in several locations. If it ever pops up somehow, if you have that expungment order, it makes it go away.
 
kelly4

kelly4

Well-Known Member
If you file the proper paperwork it will be expunged. I'm talking about the court saying "If you go to a class and stay out of trouble for 1 year...the charge and arrest will come off of your record."

They say this to help sway people into pleading guilty. They leave out the part about you having to file paperwork, and doing extra things to have it expunged.
 
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BigNBushy

Well-Known Member
kelly4 said:
If you file the proper paperwork it will be expunged. I'm talking about the court saying "If you go to a class and stay out of trouble for 1 year...the charge and arrest will come off of your record."

They say this to help sway people into pleading guilty. They leave out the part about you having to file paperwork, and doing extra things to have it expunged.
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Well yes, you do have to make a conditional plea of guilty. If you catch another charge, the deal is likely off.

And yes, at some point you get the paperwork signed by the judge, you then have to walk to a counter, and had it to person, they take it from you, and you say thank you.

In my mind it is a pretty good deal.

I mean, you can either go to jail for your crime, or you can hand someone a piece of paper...

I'm not sure what you are complaining about.

In the OP's case, he is clearly guilty. He admits it. So there is a legal mechanism that will probably allow him to have his record cleared.

All he has to do is not catch another charge, and bring someone a piece of paper after he does what is asked of him. Not a bad deal in my eyes.

I, like you, probably think it is BS that he has to fool with all this for a little bit of weed, but he knew it was illegal, and he did it anyway. It shouldn't be, but it is.

Personally, I don't know that I would waste my one "get out of jail free card" on this. It will cost him more money than paying the fine, he will have to do a bunch of shit, and this charge shouldn't limit him. I have a friend who just passed the Bar Exam that was arrested for simple possession about three months before he began law school. He had the same charge, and it didn't stop him from being seen as fit for legal practice.
 
kelly4

kelly4

Well-Known Member
BigNBushy said:
I'm not sure what you are complaining about.
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If I'm told it will come off of my record...it should come off of my record. They didn't mention anything about extra trips to Denver to have it expunged. They told me my conditions, and said it would come off when all conditions were met. Come to find out they lied and it won't come off until I do more stuff. If I had known that I would have had to go down to the courthouse again, I would have fought the charge.
 
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BigNBushy

Well-Known Member
Maybe you live a long way from the courthouse?

The mechanisms of how it works is something your attorney should have explained to you. More often than not, it is the attorney who ends up handing the clerk the piece of paper.
 
kelly4

kelly4

Well-Known Member
BigNBushy said:
Maybe you live a long way from the courthouse?

The mechanisms of how it works is something your attorney should have explained to you. More often than not, it is the attorney who ends up handing the clerk the piece of paper.
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Why would I get an attorney for a $150 misdemeanor?

I don't think that you comprehend that the court is lying to people for an easier guilty plea.

If it wasn't going to come off of my record...I should not have been told it would.
 
Blindnslow

Blindnslow

Well-Known Member
I was in Southern MO last fall with a buddy that got popped by a ranger for a small amount of weed. His ticket was $320 paid through the mail. Once paid it just showed up as a minor infraction = to jaywalking. Almost like a slap on the wrist. Not something that would come back to haunt him. Pay it and move on.. Your over thinking it..
 
kelly4

kelly4

Well-Known Member
Blindnslow said:
I was in Southern MO last fall with a buddy that got popped by a ranger for a small amount of weed. His ticket was $320 paid through the mail. Once paid it just showed up as a minor infraction = to jaywalking. Almost like a slap on the wrist. Not something that would come back to haunt him. Pay it and move on.. Your over thinking it..
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Does his ticket say jaywalking or minor possession of mj? Not all misdemeanors look the same to employers or potential landlord.
 
abandonconflict

abandonconflict

Well-Known Member
Pay the fine. You're not going to win even if the cop doesn't show up. It's a slam dunk, they had reasonable suspicion because they smelled it, they found the illegal substance on your person and didn't fuck it up by using excessive force or anything of that sort.

On the bright side, hardly anyone cares. If anyone does a background check, they will see that you got caught with less than a nickel. No gran cosa.
 
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