Legal Question in DUI Law in California

professional academic in federal problem

I--name removed--a college instructor and research biologist trying to build--name removed--academic career. I'm young and have worked very hard to get to were I--name removed--today. I'm a college biology lecturer and a research biologist--name removed--a major university. I still haven't achieved everything that I'd like to, but the federal government may think otherwise. I--name removed--meeting with the D.D--name removed--next week regarding a possesion of marijuana charge (gram). I have to plead my case to avoid a misdemeanor charge. This is my second such ''offense''. First one was dismissed (diversion). With this charge---name removed--a federal drug offender- I will be automatically disqualified from any federal funding. This is the bread and butter of academic research. Without it, my future career is essentially destroyed.

I have obtained a reference letter from my boss--name removed--the lab, references and evaluations from my teaching posts, and even comments and evaluations from students all to demonstrate my commitment toward a career in academics. I don't know what else to do, or what I should say to the D.D--name removed-- if I get to speak with him/her--name removed--all! Please help


Asked on 6/10/05, 10:28 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: professional academic in federal problem

I don't need to tell you that reefer madness is alive and well in America -- and the people being driven mad aren't the smokers. I don't know who "D.D." is, but you should not be handling this matter yourself. In particular, you must not repeat not appear in court, take any meetings, or allow yourself to be interviewed by any law enforcement officer, U.S. attorney, FBI or DEA agent, etc. without an attorney present. The stakes are just too high. You might also consider challenging the law restricting research grants as you might be able to have it ruled unconstitutional. If I were you I would contact an attorney member of the NORML legal committee at www.norml.org . Also, aren't there any fellow academics at your institution that might sympathize with your situation? Maybe you are at the wrong institution. Best of luck to you.

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Answered on 6/11/05, 11:01 pm
David Lupoff Law Offices of David B. Lupoff

Re: professional academic in federal problem

It is difficult to give you a canned answer because there are often many facts involved with such matters. I would have to sift through all the facts which led up to the charge of possession of marijuana. This is done by sitting down with you as well as reading through the discovery. Should this matter come up for arraignment prior to your hiring counsel, you should ask the judge for a continuance.

It sounds like you have a lot on the table to lose and at this point it would probably be best if you hired an attorney.

Should you desire to hire counsel, please do not hesitate to contact me at 818.943.0462. I have court Monday morning, but feel free to call me after 9:30 Monday morning.

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Answered on 6/10/05, 10:43 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: professional academic in federal problem

References to demonstrate your committment to academics can be helpful, but you should really have a lawyer to represent you in Court, and you should not negotiate with the prosecutor in court without a lawyer. There are many things that can be considered in order to avoid a conviction for a drug charge that will interfere with your career. You don't say which court you are in or when you go, but that can make a big difference in how the matter is resolved. Having the right lawyer is also very important. Most criminal lawyers give free consultations. I do. If you'd like to talk to me further, please don't hesitate to call. Steve Mandell 310 393 0639.

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Answered on 6/13/05, 9:59 am
Terry A. Nelson Nelson & Lawless

Re: professional academic in federal problem

At least, now, you recognize how serious your situation is, and what the real consequences are for convictions. No one can give you a 'quick' fix advice; you are asking for a magic solution to a problem that is going to take luck and experience to handle. If you are interested in doing it right and maximizing your chances for an outcome that won't kill your career, contact me.

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Answered on 6/13/05, 12:49 pm


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