My young client’s future is still bright thanks to some fast negotiating on the part of his attorney. He was originally charged with possession of marijuana and given a ticket for not having proof of insurance. He was issued the marijuana ticket after the legislation legalizing marijuana had passed but before it had gone into effect. While many jurisdictions have simply chosen to dismiss these cases, some have not.
Initially the prosecutor was willing to dismiss the insurance ticket and let my client plead to the marijuana charge. He would have been given a 90 day delayed sentence, been on “probation” for those 90 days, after which the case would have been dismissed. However, even though the case would have been dismissed, it would have prohibited him from receiving probation under 7411 (another special kind of probation that, if successfully completed, allows for the conviction to be removed from one’s record) if he were to pick up another drug offense at some point in his life.
After some serious haggling on my part, I was able to not only get the marijuana charge dismissed, but my client was able to plea to a separate count of “allowing an unlicensed person to drive”, which is what is called “non-abstractable”…which is a fancy way of saying that his insurance company never knows of the offense and therefore his rates won’t increase because of the incident. AND he still will have the case dismissed following his delayed sentence.
So my client will have no record. He will not be prevented from getting 7411 probation if he ever gets into trouble with narcotics again. And he will not have to report this to his auto insurance company. It was a good day.
No matter what the case, every client can benefit from having the right attorney fighting for your rights and for your future. If you are facing any criminal charges, please contact Chris Kessel Law today.