It's not uncommon for someone to get pulled over in Pocatello, Idaho Falls, Rexburg, or another city in East Idaho and get their vehicle searched for marijuana. While the legality of the search would be the subject of another post, many people are curious what they can expect with a possession of marijuana charge. As a lawyer in Idaho Falls, Idaho, this is a typical charge I see. Police officers in East Idaho catch a fair number of their marijuana arrests during traffic stops, and the prosecutors are very familiar with the law in prosecuting these claims.
The fact that marijuana arrests are common does not mean East Idaho takes a pot charge lightly. While the on-going mentality in other parts of the country, Colorado and Washington as good examples, is to lessen the punishments for these offenses, Idaho is quite the contrary.
First, how your case will be dealt with will depend on what county is prosecuting your case. For instance, while I hate to say it, a judge in Rexburg could quite possibly have a different opinion than a judge in Pocatello. For that reason you should know the prosecutor and judge you will be in front of.
Second, Idaho courts may very well order jail even on a first offense. While someone traveling out of state might think there is no risk to pleading guilty, the truth is quite the opposite. I don't suggest pleading guilty and leaving your case up to the judge. If the judge orders jail and you failed to address important factors that may keep you out, you have likely lost your chance.
The moral of the story is, no matter who you are or what state you come from, Idaho takes possession of marijuana and possession of drug paraphernalia charges very seriously. If you find yourself in this difficult situation, you should at a minimum talk to an attorney to find out what your options are.
(208) 478-3459
Aaron Crary
Attorney at Law
Idaho Falls, Pocatello
No comments:
Post a Comment