How To Beat A Possession Charge In Georgia

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If yous are underage, you lot are non permitted to have whatsoever booze on your person in the U.s.. When a police force officer catches you drinking or nether the influence, they likely will write you a citation for "minor in possession." Although typically information technology is a misdemeanor that doesn't result in any jail time, yous still should take a minor in possession charge seriously. Not only will it remain as a smudge on your tape, but yous also could end upward losing your driving privileges for up to a yr. Since there are few defenses to a minor in possession accuse, the all-time way to fight information technology typically is to rent an attorney and negotiate with the prosecutor for a deal.^{[1] [two]}

1. one

   Check your citation. In about cases you won't exist arrested for a small in possession offense. The police officer will write you a citation that will indicate when you lot are supposed to be in court for your arraignment.^{[three] [4]}

   • If you lot've ever gotten a traffic ticket before, this citation will look like. Just look for when it says you lot side by side accept to be in court. That's your arraignment.
   • The arraignment is the outset hearing y'all'll take in court. The guess will read the charges against you, make sure you understand them, and ask how you plead.
   • You must appear in court in person for this hearing. This may mean yous have to miss school or work, so make arrangements as soon as possible.
   • You typically will want to hire an attorney, but you don't need to worry near having ane for the arraignment. Although you are allowed to be represented past an attorney at arraignment, information technology isn't strictly necessary as long as y'all know how to deed and what to say.

2. two

   Wearing apparel and act appropriately. Your starting time advent in court is your chance to make a good first impression on the court clerk, the judge, the prosecutor, and other court staff. A bad impression can be hard to overcome, particularly if you lot're trying to fight the charge.^[v]

   • You don't have to clothing a conform or a wearing apparel (though it won't injure if yous do), only you should look clean and presentable.
   • Generally, yous should treat your court advent like a job interview. Wear conservative wear that is neat and make clean.
   • Exist polite to all court staff, from the security guards at the entrance to the court clerk and the judge.
   • Silence your cell phone while yous're in court, or leave it at home. You lot may want to check with the courtroom earlier your arraignment to find out what items are not immune in the courthouse. Some courts prohibit electronic devices entirely.

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3. iii

   Accept a seat in the courtroom. When you notice the courtroom where your arraignment is taking place, find a seat in the gallery and await for your name to be chosen. The judge likely has several people actualization on the same or similar charges.^{[6] [7]}

   • Sit down still and placidity, and attempt to avoid fidgeting or causing a distraction. The gauge may call several other people earlier they go to you.
   • If other people facing similar charges are chosen, it gives y'all a chance to become familiar with the procedure and what the guess volition say to you lot when your name is chosen.
   • Pay attending to the judge's interactions with others. You may run across someone who is acting defiant or impolite – learn from their mistakes.

4. four

   Treat the approximate with respect. When the judge calls your name, motion to the front of the courtroom. Address the judge either as "your honor," or as "sir" or "ma'am." Do not interrupt the judge when he or she is speaking to you.^{[8] [9]}

   • Speak in a loud, clear phonation and so the judge can hear yous – don't mumble or expect down. Maintain good posture rather than slumping or hunching over.
   • The judge typically will ask you some questions and tell y'all your rights equally a criminal defendant. Y'all also likely will be given a sheet of newspaper that explains your rights.
   • Pay attention to the judge and heed advisedly. The judge will ask you if you understand your rights, and make sure you're competent to enter your plea. This is very important, so don't castor it off.

5. 5

   Enter your plea. After the judge has read the charges confronting you and explained the possible penalties for the charge if you lot are convicted, he or she will ask how you lot plead. If you want to fight the charge, y'all should either stand mute or plead not guilty.^{[10] [11]}

   • Keep in listen that if yous plead guilty, you're waiving all of your rights. At this stage, information technology isn't appropriate to plead guilty – as much as you may simply want the accuse to go away.
   • If y'all plead guilty to the charge, it will not go away. Despite the fact that you may only accept to pay a fine, the charge volition remain on your criminal record every bit a conviction, and can touch your ability to become fiscal aid for school or to go a job.
   • After yous enter your plea, the approximate will instruct you on when you adjacent need to appear in courtroom.
   • In some courts, you'll become straight to pre-trial after arraignment. This is a meeting with the prosecutor. You lot may be offered a plea deal at this time, but you don't have to take it right away. If you want to talk to an attorney first, but permit the prosecutor know.

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1. ane

   Talk to your parents. Every bit a small, y'all probably need a parent to assist yous hire an attorney to represent you if you intend to fight your minor in possession accuse. If y'all're in higher, you may be tempted to handle it on your own and not tell your parents – but this may be a mistake.^{[12] [xiii]}

   • Continue in heed that although your parents probable will exist upset, but their support can make a difference in how the prosecutor and the judge views your case. Telling your parents early on in the process volition send them the signal that you are taking the state of affairs seriously.
   • You may be familiar with your ramble right to have an attorney appointed for you lot if you can't afford to hire i.
   • However, this correct does not apply in a modest in possession charge, even though it is a criminal criminal offence, considering y'all don't face up jail time if bedevilled. For this reason, if at all possible, you should hire an experienced criminal defense attorney to handle your case.
   • Even if you lot're over 18 and able to hire an chaser on your own, it's notwithstanding a good idea to get your parents involved. Although they are not the customer and volition not exist immune to interfere with your example, they even so tin can aid.

2. 2

   Schedule several initial consultations. Yous typically have a petty time to find an attorney. If you talk to 2 or 3, you tin choose the one that seems best to you lot and that best fits the budget you lot and your parents take set.^{[14] [xv] [16]}

   • Most criminal defense attorneys give complimentary initial consultations, so information technology shouldn't cost yous any money to talk to several.
   • The easiest way to detect an chaser is to exercise a search on the internet for criminal defense attorneys in your surface area who handle minor in possession cases. If you have a friend who has recently been in a similar situation, you lot might want to ask if they used an attorney and if they would recommend the attorney they hired.
   • Especially if you lot got your minor in possession charge in a college boondocks, you should take no trouble finding several attorneys who handle these types of cases.
   • If you're in college, find out if your school has a student legal services clinic. Larger schools, especially those which also have a police force school, typically do.

3. 3

   Prepare questions to ask. During an initial consultation, an attorney typically will go over a prepared presentation about their practice and what they can do for yous, so ask if you have any questions. The more questions you ask, the more you'll go out of the consultation.^{[17] [18] [nineteen]}

   • Get the attorney to explicate to you the law in your state. Tell them the story of what happened, and find out from the attorney if you have any stiff defenses against the charge.
   • Find out how many cases the attorney has handled that were like to yours, and what the outcomes were in those cases.
   • Y'all also demand to enquire the chaser about their fees. Criminal defence force attorneys typically consider minor in possession charges to exist small cases, and may offer their services for a apartment fee.

4. four

   Compare and dissimilarity the attorneys y'all interviewed. One time you've interviewed several attorneys, you should take the information y'all need to cull the all-time attorney to correspond yous and help you fight your pocket-size in possession accuse.^[twenty]

   • While fees probably are a significant cistron in choosing your chaser, they shouldn't necessarily be the but reason y'all choose one attorney over another.
   • At the same time, you typically want an attorney who is willing to work for a flat fee over someone who is going to charge you past the 60 minutes.
   • Although the flat fee may end up being more (depending on how quickly your example is resolved), it's a lot easier to budget if you know upwards front how much yous're going to accept to pay.
   • Generally, you desire to avert whatever attorney who acted judgmental or dismissive toward y'all, or who made you feel intimidated.
   • You volition get a better consequence if you take a good working relationship with your attorney and believe they are interim in your best interests.

5. five

   Make your final selection. Once yous've decided which attorney you want to hire, let them know as before long as possible. Criminal defense attorneys typically are very busy and y'all want to make certain your beginning choice is all the same bachelor to take your case.^[21]

   • Make sure you become a written retainer agreement that spells out exactly how much you're paying your attorney and what they're going to practise for you.
   • You don't necessarily accept to encounter with your attorney in person to go over your retainer agreement, but you may want to. If you meet in person, yous can ask them questions or have them explain the agreement to yous before you sign it.
   • Don't pay your attorney any money – and don't allow your parents pay them either – until y'all have a written servant understanding that you've read, understood, and signed.

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1. 1

   Meet with your attorney. Typically your attorney will desire to meet with y'all to discuss your instance earlier negotiations with the prosecutor begin in earnest. They may have already spoken with the prosecutor to get an thought of what kind of deal is on the table.^{[22] [23]}

   • Information technology's important for you lot to be completely honest with your attorney. The more they know virtually you and your background, also as the verbal circumstances that led to your charges, the more than they can help you reach a good result.
   • Your chaser will clarify your case, and likely tell y'all which points work in your favor and which exercise non. The role of a good defense attorney is to emphasize the points in your favor.
   • Based on your story, your attorney may advise you to get alee and exercise certain things, such as getting addiction counseling, even before you meet with the prosecutor.
   • Fifty-fifty if you don't believe you lot have an alcohol problem, going to treatment or counseling voluntarily will ship a indicate to the prosecutor that you have acknowledged the issue and are seeking assistance.

2. ii

   Consider the prosecutor's offer. When you have your first pre-trial meeting with the prosecutor, they likely will have a plea-bargain offer to nowadays to you. In most cases, it won't be the best they could possibly offer to you.^{[24] [25]}

   • Since prosecutors have discretion over whether to pursue charges, if you lot've gotten to this point, it typically ways that the prosecutor is reasonably confident they will become a conviction at trial.
   • For this reason, prosecutors may not be inclined to be generous with you in regard to an initial plea-bargaining offer.
   • At the same time, the prosecutor besides typically wants to get your case off their desk, and isn't necessarily excited near the prospect of dragging your case out through a jury trial.
   • With the help of your attorney, yous can utilize this state of affairs to your advantage to deal for a meliorate deal.

3. 3

   Plead your instance. All the prosecutor knows about you is the information contained in the law written report and court documents. The prosecutor may be open up to reducing or even dropping the charges once they hear your story.^{[26] [27]}

   • If this is your starting time offense, you are much more than likely to get a better bargain than if information technology's your second or 3rd offense.
   • This is peculiarly true if you have a previous minor in possession accuse, simply whatsoever other brushes with the law may bear upon your power to strike a expert deal equally well.
   • Ultimately, your attorney probable will desire to present you as a "good kid" who followed the rules and was generally responsible, but who made a mistake or was in the wrong place at the incorrect time.
   • All aspects of your background, including whether you have a chore, your grades in schoolhouse, and your extra-curricular activities can play a function in convincing the prosecutor to either dismiss the charges (which is rare) or at least make an organization to keep a conviction off your record.

4. 4

   Attempt to go a deferred sentence. A deferred judgement is mayhap the most sure-fire way to keep the charge off your record. Provided you successfully meet all the terms and atmospheric condition of probation for a period of time (typically a yr), the charge will exist dropped.^{[28] [29]}

   • Essentially, when you get a deferred judgement, you are convicted of the crime – you lot may have to plead guilty in court – but then entry of the confidence is deferred for a number of months or years.
   • During that time, you will be on probation. You lot may accept to complete a certain number of hours of community service or become habit counseling, among other terms and conditions.
   • If you lot successfully consummate the probationary period, the conviction will non go on your record.
   • You are more probable to become a deferred judgement if the small in possession charge is your first brush with the law.

5. five

   Be willing to comply with the terms of probation. Whether yous get a deferred judgement or otherwise, complying with the terms of your probation, as ordered by the courtroom, is essential if you lot desire to avoid further consequences.^{[30] [31]}

   • Even though a minor in possession charge typically is not an law-breaking that carries jail time, a probation violation may land y'all in jail.
   • Furthermore, if you violate whatsoever of the terms and conditions of the deal you lot made with the prosecutor, the deal may be revoked. That means you tin all the same exist convicted on the minor in possession charge.
   • If you were able to get deferred sentencing, once your probation term is over, you typically must reappear in court. If the judge is satisfied with your conduct, the conviction volition not be entered on your criminal record.

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