Misdemeanor Marijuana

Atlanta, Georgia Misdemeanor Marijuana Attorney

A possession charge that involves less than one ounce of marijuana is classified as a misdemeanor.  Misdemeanor marijuana is a common charge for individuals of all ages, and can usually be resolved in a manner of dismissal. 

The first issues examined by the attorneys at The Federal Law Group is (1) whether the search and seizure of the marijuana was legal, and (2) whether the substance alleged to be marijuana was properly tested by local law enforcement. 

Law enforcement must have a reasonable, articulable suspicion that an individual is in possession of contraband before that individual can be legally searched.  If a reasonable, articulable suspicion does not exist, the evidence should be suppressed and the case must be dismissed. 

Marijuana is the one drug that is not sent to the GBI crime lab for verification testing, and many times local law enforcement either fail to test the substance, lose the evidence, or otherwise taint the testing.  If no proof exists that the seized substance is actually marijuana, the case must be dismissed.

If these issues check out, the next manner of dismissal is pre-trial diversion.  Pre-trial diversion involves a number of conditions the individual must complete in a set period of time, such as community service, a psychological evaluation, and sometimes counseling.  There is also a pre-trial diversion fee that is charged.  Once these things are completed as required, the charge is dismissed before a plea is entered and becomes expungeable from the individual's record.

Misdemeanor marijuana can also be resolved through a statutory conditional discharge plea.  Conditional discharge requires the individual to enter a plea, be placed on probation and complete conditions similar to those required for pre-trial diversion.  Once the conditions are completed, probation can be terminated and the plea is discharged (dismissed).

Call the Federal Law Group today for your free consultation.