Question

Should I plead no contest?

I was caught with a fairly large quantity of marijuana when I was visiting a National Park. They also caught me while I was actually smoking marijuana. I was given a ticket to appear in US Court. Should I plead no contest to avoid a big fine and jailtime or should I seek representation? Do they give my a lawyer like in other courts? Will I have a treatment program option of some kind? I havent been in trouble before. How bad is it that they caught me when I was actually smoking it?
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Answered By: Law Office of Cynthia A. Grimm
A plea of no contest has the same legal effect in a criminal court as a plea of guilty. There are some differences. A no contest plea to a misdemeanor offense cannot generally be used as an admission in a civil action. A no contest plea to a felony offense is admissible as an admission in a civil case. A guilty plea to either a felony or misdemeanor can be used as an admission in a civil case. The actual sentence imposed is normally the same. You will be provided with legal representation if you meet the financial qualifications.

Answer Applies to: California
Replied: 11/20/2010

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Answered By: Law Office of Peter F. Goldscheider
You clearly should at least consult with a lawyer before deciding. You may have an issue regarding the lawfulness of the search. I cannot tell from your question if you are charged with a felony or misdemeanor. Are you a U.S. Citizen? There may be a diversion program available to avoid conviction. All these are considerations that need to be addressed before you make a decision.

Answer Applies to: California
Replied: 11/19/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dennis Roberts, a P.C.
What U.S. District Court are you in. It makes a big difference. What was the weight of the buds. Any indication of sales or possession for sale (ie scales, pay-owe sheets, baggies, etc.)? A no contest plea is the same as a guilty plea and you will get the same sentence as if you entered a guilty plea. Federal penalties can be very severe depending on the amount you possessed. If you do not have funds you are entitled to the services of the Federal Defender. They are usually excellent lawyers with tons of federal experience. Not that many private practitioners have any considerable federal experience even if they have been doing criminal defense work for 40 years. The fact that you were caught smoking will not make much of a difference if any. The big issue is how much weight you were carrying.

Answer Applies to: California
Replied: 11/18/2010

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Answered By: The English Law Firm
Without a doubt you should seek legal representation. You have rights and defenses that you may be unaware of. This matter could have serious impact and you need an attorney.

Answer Applies to: California
Replied: 10/9/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Phil Hache
To answer the question, I would need a lot more details. Based on what you stated below, it does not look like you appeared in court yet, and to go in pleading blindly "no contest" to what ever charges they have against you is not a good idea. You can call me if you would like to discuss further, but it you had a large quantity of marijuana on you, I would recommend getting an attorney involved.

Answer Applies to: California
Replied: 10/8/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Geoffrey M. Yaryan
A fairly large quantity and you were only given a ticket? That is hard to understand. Anyway pleading no contest is essentially the same as guilty and will not provide you with any different result. I think you should consult an attorney.

Answer Applies to: California
Replied: 10/8/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Alanna D. Coopersmith, Attorney at Law
US Court as in Federal District Court? You should hire a criminal defense lawyer who is familiar with practicing in federal court.

Answer Applies to: California
Replied: 10/8/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.
You need to have an attorney review your case.

Answer Applies to: California
Replied: 8/17/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Prometheus: A Social Justice Law Firm
This is a serious charge and I recommend that you seek representation. I handle such matters, and you can call me for a consultation.

Answer Applies to: California
Replied: 8/12/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
You face a federal prison sentence. Unfortunately, you may not understand the extent of your problems, so hire an attorney that does. If this is in Southern California, and you are serious about doing so, feel free to contact me.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Steven Mandell
You should definitely seek representation. No federal (or state judge) would even allow you to plead no contest to a large-scale marijuana charge without a lawyer (including a public defender if you cannot afford to hire a private attorney). You could be facing MANDATORY prison time, depending on how much marijuana you were caught with. The federal sentencing guidelines are VERY severe and it should not be assumed that you will not get a prison sentence if you plead no contest at the first court appearance. Get a lawyer near the court where you will be appearing. The fact that you were smoking marijuana when you were arrested, by the way, is probably not very significant. It is the fairly large quantity of marijuana that you were caught with that IS important. Good luck.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
You are dealing with Federal authorities. The Federal laws on marijuana are different than state laws. Get an attorney now.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Criminal Defense, Inc.
You absolutely need legal representation. You are going to Federal Court because this arrest happened at a National Park, and the Federal Sentencing guidelines are extremely harsh on drug crimes. Call me for a free consultation to discuss your case.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Halpern Law Offices
Before you make a big decision about how to plead, you should definitely consult with an attorney.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Ramona Hallam
Large quantity charges almost always need lawyers. It is unclear what the charges are if they are willing to allow you to go with a fine. I would advise you to call an attorney so someone can give you an "informed" response. There may be consequences you are unaware of.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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