Drug Crimes, Substance Abuse 6th degree misdemeaner involving a controlled substance

[worriedcrazy]

In Alaska

So I was a passenger in a vehicle driven by a friend. We got pulled over outside of city limits by state troopers for having a "defective windshield" the troopers proceeded to search our vehicle and cuff us when they found a marijuana pipe despite there being no marijuana except residue on the pipe. So then one of the troopers without showing either of us the marijuana pipe said that hey had found a "pipe" they asked us who's it was, i said it was mine. Then they issued me a citation for a 4th degree misdemeanor involving a controlled substance. I went to my arraignment and received a copy of the citation that was fully filled out and "4th" was crossed out and replaced with "6th." They offered me a deal to plead guilty, It was 1 year "suspended imposition of sentence", 500$ fine, and I believe 40 hours community service. I rejected by pleading not guilty.

So now I have a fast approaching court date and I'm not sure what to do. I'd like to defend myself in court. But I'm afraid of making things worse. Is it possible to plead guilty at this point? I want to go to a university that requires a background check and security clearance. Would the SiS misdemeanor charge still show up after the year, I've heard that they will. I will pass a drug test and have never failed one, I've had to take them periodically for jobs. Is it possible to fight this case and win? I want to defend myself by saying that I misidentified the pipe as mine since the officers never showed it to me and described it incorrectly as a "pipe" instead of a "marijuana pipe" when asking me about it. Will it be possible for me to get a jury if i go to trial with this? Should I take a jury if i have the option. Could I win? Could I claim religious association with the pipe, or get off on some other technicality. I do not mind taking the punishment for this at all. I just do not want a "drug charge" because i believe it will keep me from getting into this school i really want to go to.

 

[jharris352]

Why in God's name did you admit the pipe was yours? Surely you have heard that you have the right to remain silent? If your university requires a security clearance you are likely screwed because even expungement usually doesn't keep security types from seeing a charge.

I would go to the prosecutor and offer to plead guilty to a 1st offender diversion program. Explain your situation, do not talk about the arrest or whether you are guilty. If you are lucky your state has a true 1st timer diversion program where you complete your sentence with no further charges and you are never found guilty of the first charge.

If this University is so important to you, stop smoking pot or stop covering for your friends. At very least learn to not admit to things. Good luck.

 

[worriedcrazy]

wow that's exactly the type of advice i'm looking for thanks. I'm going to try that tomorrow. Do you have any idea how I can find out who my prosecutor is? Even If I get the charge dismissed it will still show up as an arrest correct?

 

[jharris352]

When you go in for your first appearance or "arraignment," you are only there to plead Guilty or Not Guilty. I would apply for a court appointed lawyer at that time. You will likely qualify. If you get an attorney and specify what you said here he/she will get you into a diversion program. If you don't get appointed an attorney I would pay for one. It shouldn't cost that much if you are not planning on going to trial.

The Prosecutor will be at the arraignment. If you are going to represent yourself you can talk to him/her. Don't say anything about the incident itself. Anything you say can be used against you. Good luck.

In the future if something similar happens say ABSOLUTELY nothing except this is my name and here is my ID. Past that if they ask you a question say I need to speak with my attorney before cooperating. Say it over and over until your attorney is present.