Hendersonville, TN asked in Cannabis & Marijuana Law and Criminal Law for Tennessee

Q: What to expect with a misdemeanor of 1 and half oz of weed in car?

I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date

1 Lawyer Answer
Brandon D. Fersten
Brandon D. Fersten
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple possession because it will remain on your record on background checks for a minimum of six (6) years, 1 year of probation then depending on your history you may be able to get it expunged 5 years after you complete probation. Your attorney may be able to get the charge dismissed through either a pass-and-dismiss, judicial diversion, dismissal at a hearing, or some other agreement that may prevent you from being found guilty. Defense attorneys across the country are litigating over whether the plain smell of weed is enough to search a vehicle. Most recently, Tennessee courts ruled that it is a valid search but defense attorneys anticipate a similar plain-smell search case being brought before the Tennessee Supreme Court or possibly the U.S. Supreme Court.

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