Legal Question in Criminal Law in New Hampshire
Control of Premises
My boyfriend and I were pulled over in New Hampshire for a burnt out light and the cop ended up arresting us for 0.4 grams of marijuana. My boyfriend was charged for possession and I was charged for ''control of premises'' for having the pot in my pocket. I still don't know exactly what that means and what it will look like on my record. Were going to court next month and I don't know what to expect. Will I have to plea? Will I have to pay fees? What are the chances I can get this off my record?
(His reason for searching us was unlawful (the driver ''seemed nervous''), so I know there is a possibility for a motion to supress, but I'm afraid a public defender won't do as good of a job as a paid lawyer in getting that from the judge. Am I right, or is the reason itself good enough to supress?)
1 Answer from Attorneys
Re: Control of Premises
You were charged w/ a violation of the Controlled Drug Act for knowingly being in control of a premises (vehicle) where a controlled drug was kept. It is a misdemeanor. It carries a possibility of a year in jail and a $2000 fine. In addition, a drug conviction can result in a license suspension from DMV, effect student loans, employment etc.
These cases involving a car stop for a minor MV violation and then a change in focus to search for drugs often have many suppression issues. Frankly, the cops act illegally in doing these searches and a competent criminal defense attorney can help.
If the court date is your first, it is likely an arraignment and you can enter a not-guilty plea. Regarding the public defender, they do criminal work but are very busy. A private attorney can often focus more time on your case and lead to a better result. All private lawyers are not the same, retain someone that only does criminal defense work.
WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!