GMONEY

Need advice. On a return flight from Amsterdam to the US, I was apprehended by US Customs and charged by local authorities for GA state misdemeanor possession of marijuana less than one ounce (had 3 grams). Truth is, went to party in Netherlands, checked all my bags before leaving the hotel and I didn't find anything so I thought it was OK. US Customs did a random search and found a 3 gram sack! I was pissed at myself for not catching it! Anyhow, bailed out ($1,700) and caught my connecting flight home. Now awaiting court date and looking for legal representation/advice. I had a previous misdemeanor charge for receving stolen property in another state 4 years ago. Can anyone offer any advice? Anything would be appreciated.

Larmer

Lucky, really extremely lucky. I know you weren't doing it on purpose, but you were incredibly fortunate not to be charged Federally. The fact that it was reduced to mere possession should be a huge relief to you

As for the penalties, check out www.norml.org and you should learn a lot there. The legal representation idea is sound, look for a lawyer in GA specifically, they'll be more help than a local one. Check with norml for that too.

Keep us informed...

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GMONEY

Does anyone this that with a misdemeanor marijuana possession is it necessary for me to hire a lawyer? Is a public defender suffice?

Niteshift

There is a misconception that EVERYONE ALWAYS gets a public defender.

Think of the words on TV, last time you heard it..... "if you cannot afford one, one will be appointed for you".

In most places, to get a public defender, you have to fill out a financial affidavit, which is a sworn document. You'll outline your income, assets, debts etc. Then, using a standardized formula, they will determine if you meet the "need" criteria.

And be assured that while you think some of your expenses are "absolute necessities" the court may not agree.

In some cases, you may qualify for a reduced fee public defender. They will charge you on a sliding fee scale based on your ability to pay. Again, that is after the financial affidavit is reviewed.

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A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

Larmer

While on the subject of public defenders, do courts in the US provide duty counsel? Over here, there's usually a lawyer present that will "represent" accused that do not have legal representation in court at the time.

The representation usually consists of an explanation of what is going on, and what to say when prompted. More often than not, they tend to stick to bail court, but I have seen some during actual trials. Always it's been a guilty plea, and the duty counsel will attempt to show all the mitigating factors in an attempt to lower sentence.

Not exactly the best lawyers that act as duty counsel though....

This differs from legal aid, which will actually pay a lawyer using government funds. Tough to qualify for that though, even harder than OSAP, and that's a ***** to get.