Marijuana Defense Attorney in Grants Pass
The people of Oregon have been actively decriminalizing marijuana in the state of Oregon over the last several years. New laws have been introduced that have resulted in far more lenient sentences for people convicted of marijuana crimes. However, law enforcement is just as vigorous as ever. They have continued to make as many arrests as possible and they continue to violate people’s rights by performing unlawful searches.
Questions and Answers regarding marijuana crimes in Josephine County.
Can I go to prison for a marijuana crime?
It is very unlikely that you will go to prison in Oregon for a marijuana crime. In fact, so long as you do not have multiple felonies on your record it is extremely difficult for the prosecutor and Judge to send you to prison even if they were very committed to it. Even though you are very likely to avoid a prison sentence for a marijuana crime, you can still be convicted of a felony, sent to jail and be placed on supervised probation.
What will I be charged with if I am caught growing or possessing marijuana?
Often times the state will charge a person with as many charges as they can. Usually someone is charged with unlawful manufacture, delivery, and possession of marijuana. You do not need to be caught selling marijuana to be charged with delivering it. It is also possible that you will be charged with committing these crimes within 1000 feet of a school, which could lead to an enhanced sanction.
How can I defend my case?
Typically your best chance to defend your case will come before trial and during what is called a “Motion to Suppress.” If the police searched your person or your property without a warrant then they may have violated your constitutional rights. Whether they did or not will be a decision that a judge will make and a judge will make that decision at a Motion to Suppress hearing. If a judge finds that the police did violate your rights then the evidence against you (the marijuana) will be thrown out and your case will be dismissed.
Can I get my marijuana back?
Probably not. Even if a judge decides that the police seized your marijuana unlawfully, you will not get it returned to you. If however, you were in lawful possession because you are licensed to possess and grow marijuana, then your attorney may be able to get it returned to you.
Can I get my marijuana conviction expunged?
The answer to this depends on the timing. You should call me or send me an email and I will be able to tell you very quickly whether your case can be expunged. If it is expungable then I will explain the process to you. Until recently many marijuana crimes were not expungable and they were treated just like meth or heroin convictions. This was recently changed by the legislature and now all marijuana crimes are expungable, provided that enough time has passed.