The crime of marijuana possession in and around Marion, Arkansas is a common misdemeanor offense. For a first-time offender, possession of less than four ounces is a class A misdemeanor that carries up to a year of punishment and a $2500 fine. Additionally, a conviction means you will lose your driver’s license for six months. If you’re facing this charge you’re surely wondering what’s going to happen. Well, when you go to court your basic options are to either plead guilty or maintain your innocence and have a trial. Trials are rare in drug possession cases because if you were arrested with the drugs on or near you, that makes it easy for the state to prove possession.
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There may be exceptions to this, like the drugs belonged to someone else or you did not know they were there, but that means the burden is now on you. Most of the time, the factual issue of whether the accused was in possession of the drugs is not in dispute. If you do not want to have a trial you certainly want to work out the best deal possible. If you have a clean record, you want to keep it that way and insure this charge does go on your record permanently. This may be possible through a combination of alternative sentences like probation, drug testing, drug awareness classes, house arrest, community service, or other conditions. It’s really up to the judge. But you do have that chance. An Arkansas marijuana possession lawyer can negotiate on your behalf with the state, put you into the right program, then make sure once you’ve completed your sentence that the charge comes off your record. Being able to expunge your drug arrest is very important for your future.
These are the penalties for simple possession but there also are penalties for possession of marijuana with the purpose to deliver. What constitutes having the purpose to deliver a controlled substance is going to depend on the facts, and under the law courts can look at things like if the accused has a prior record of drug arrests, if the drugs are separated and packaged in a manner to facilitate delivery, if the person possessed a firearm that was nearby, possession of at least two other controlled substances in any amount, and any other relevant and admissible evidence showing the person had the purpose to deliver controlled substances.
Contact Stegall Law
For help with your case contact Arkansas marijuana possession lawyer, Patrick Stegall, at (901) 205-9894 or email@example.com.