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    seacorb's Avatar
    seacorb Posts: 1, Reputation: 1
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    #1

    Aug 25, 2010, 01:08 AM
    Felony Possession Marijuana w/ Intent to Dist. (First Offenders Act) in GA
    Was caught with just under a half pound of marijuana in Georgia. I was walking to gas station and an officer stopped me right in front of my apt building asking what I was doing out so late and accusing me of smelling like pot(I hadn't smoked, but probably still smelled). He asked me what apt number I lived in and I told him. He did not place me under arrest but I was being detained uncuffed by other officers outside the building. He went and investigated around my door and said he could smell it from outside(possible, but doubtedly) and that he would get a search warrant(whilst detaining me so I could not go inside) if I didn't cooperate and take me to jail BUT if I cooperated he would just write me a ticket and be on their way, but this was after he had grabbed me by the chest of my shirt and shoved me into my door.

    I don't know about all the mindgames they were playing, but I know for a fact police aren't allowed to use physical intimidation to trick someone into giving consent to search, which I definetley could not prove in court seeing as other cops are the only witnesses. I signed the consent to search and told them where all my stuff was; about 8k in cash, a legal pistol, and the marijuana which was bagged by the ounce(intent to distribute?). On the ticket the code is 16-13-30 and it says "VHSA possession marijuana" and that's it. Doesn't say anything about the gun(which happened to be inoperable), or anything about intent to distribute. If I get a decent lawyer and ask for first offenders treatment am I still looking at serious time? A few weeks in jail, probation, comm. Service, and drug tests wouldn't phase me but if I end up serving more than a few months my life would be drastically effected. If you have no knowledge of the first offenders act PLEASE DO NOT REPLY. I have been told several times by people who haven't a clue in GA LAW telling me I would be serving a year minimum if I was lucky, and I know that is not entirely true so please refrain with slamming me with minimums.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 25, 2010, 04:22 AM

    Hello sea:

    I don't know anything about the first offenders act, but I'm going to answer you anyway. Besides, that act only applies if you're found GUILTY, and I think you're not. I think the search was illegal. I think a good lawyer will prove it too. Then, you won't have to worry about the first offenders act.

    excon

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