Legal Question in Criminal Law in Louisiana

possession of marijuana 1st offense charge but really 2nd.

I have been arrested 2 times for possession of marijuana and have been charged only one time with a misdeameanor possession. I currently got a ticket for possession of marijuana 1st offense. I know when I go to court the prosecutor will probably up it to a felony. If they do that will they arrest me at court,if I'm not in jail right now,and have to bond out?


Asked on 6/29/09, 8:33 pm

2 Answers from Attorneys
Raleigh Ohlmeyer Ohlmeyer & Ohlmeyer

Re: possession of marijuana 1st offense charge but really 2nd.

Dear Sir,

It is not necessarily correct that the case will automatically be accepted as a felony. It is possible that the prosecution may not be aware of the prior arrests at the time of arraignment, and a plea bargain is still possible. Should you have any further questions, you may contact me at the email below.

Raleigh Ohlmeyer III ([email protected])

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Answered on 6/29/09, 11:44 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: possession of marijuana 1st offense charge but really 2nd.

I agree with Mr. Ohlmeyer that you won't necessarily be charged with a felong. If you are asked about a prior arrest, you have to be honest, but an arrest is not a conviction and cannot be held against you. Anyway, get an attorney and listen to them.

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Answered on 6/30/09, 7:08 am


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