Q: POSS OF DRUG PARAPHERNALIA but it was just CBD. I had only CBD hemp cigarettes in my car, with CBD wrappers.
POSS OF DRUG PARAPHERNALIA but it was just CBD
Hello all, I’ve been trying to find some answers but it’s been really difficult, I’m broke right now and can’t afford a lawyer, and this incident happened over a year ago but I’m just now getting information in the mail. I’m not sure what to do, as it’s a pre-trial that is set for October 1, and I am 500 miles away from where it happened. Basically the situation was I was smoking CBD out of a bong I had bought from a smoke shop, legally, everything was out, including little CBD jars, receipts from the store, and hemp cigarettes. I really enjoy using this to help with my anxiety and endometriosis, As I thought I couldn’t get in trouble with the law because it was CBD. I couldn’t be more wrong. As I was driving, I got pulled over and they said my car smelled. I said you can search, I have nothing illegal, I just use CBD. They did, and found a bong I used to smoke hemp flower. It took them an hour on the phone seeing if they could charge me.
A: You can be charged based on the officer's belief but you can only be convicted if they can prove it beyond a reasonable doubt or if you give up and take a plea. Don't "no show" a court appearance because they will doom you faster than anything.
A: In every criminal case, you have the right to an attorney. If you cannot afford an attorney, then the court should appoint you one, at no cost to you.
The worst thing you can do is fail to appear at court. Failure to appear will almost certainly lead to a warrant for your arrest. At this time, becuase of COVID-19 restrictions, almost all court proceedings have moved online to video conferences by Zoom. Some courts are allowing attorneys to appear by video on behalf of their clients. Becuase of the restrictions on in-person appearances, I would try contacting the court or the county/district clerks office in the county you were arrested and informing them that you do not have an attorney. They may set you up for an appearance by video conference or they may ask you to fill out an affidavit, swearing that you are unable to afford an attorney.
One thing is clear, you need an attorney for this case. So either hire local cousel or ask that an attorney be appointed to your case. You can call our office for a free consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.