Petoskey, MI Criminal Defense Law Firms & Lawyers

Even if something relating to an older case is removed from your record, and even if the older case was completely dismissed, it remains available to be found and considered by prosecutors and judges in considering a new case. Presentence reports routinely list dismissed cases. Even if you had no medical marijuana license at the time of the traffic stop, there is still something known as a "Section 8 defense" where you could defend by showing that it was medically necessary for you to use marijuana. This might require paying a physician to testify on your behalf. There might also be a defense relating to illegal traffic stop or illegal search of the car. Because you personally handed the officer the pipe and some marijuana, the defense that you did not know it was in the car, a legally available defense, probably would not work. You might also have the option of plea bargaining, depending on the prosecutor. You should think about getting representation right away.

All court appearances are called "hearings". If this is your first court appearance, it is probably an arraignment where you will be formally informed of the charges against you and will be asked to enter a plea of either guilty, not guilty or no contest to the charges. Since most felonies have potential jail sentences of more than one year attached to them, I suggest that you hire an attorney to represent you. If you cannot afford one, then you can ask the judge to appoint a public defender to represent you at this first court appearance.