Legal Question in Criminal Law in Georgia
My wife was pulled over and given a ticket for possession of under 1 ounce of marijuana in the state of Georgia (Not in Atlanta city), has no previous record, was not driving under the influence, has a clean record and cooperated with the peace officer. What are some penalties that she should be expecting?
2 Answers from Attorneys
First of all, she needs a lawyer - immediately. The wrong steps in her case can have serious lifetime consequences. A lawyer generally can do a great deal to minimize the consequences. Do NOT wait to get counsel.
If the case is charged under state law, she could serve a year in jail, be fined $1000, have consequences as to a drivers license, and lose eligibility for military service, college scholarships, public assistance, and more. She may have problems with seeking employment. Many cases have far lesser penalties.
If charged under a local ordinance, potential fines are usually less, jail is less likely, and the other consequences usually go away.
A good lawyer may be able to do a pretrial diversion or other disposition where she avoids a record and serious consequences, although every court and case is different.
How did the police know to pull her over? I doubt that the police smelled marijuana coming from the vehicle. So, why was she pulled over, and in a position for the officer to smell the marijuana. I can tell by the question that you don't think there should be any punishment:
(1) no record
(2) no DUI
(3) fully cooperative
(4) oh, did I mention she has a clean record.
So, I really don't need an attorney, just wanted to bounce some ideas off of one.
Your wife should go to court, and see what the prosecutor offers. AFTER she (and you) are offended by the offer, then contact an attorney to represent her. Good luck.
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