Just Criminal Law’s Christina Williams would like you to know your rights.
Hey everybody, Christina Williams from Just Criminal Law. It's all we do.
Today, I'd like to discuss part 2 in my series on marijuana. As you recall in the last video, I mentioned just because marijuana's illegal doesn't mean people are going to stop using it.
So if you're going to use marijuana in Wyoming, here are three things you should know.
Number one—what are the penalties?
Possession of less than 3 ounces of marijuana is a misdemeanor with a maximum penalty of one year in jail and a $750 fine. Possession of more than 3 ounces is actually a felony with a maximum sentence of five years in prison and a $10,000 fine.
Sale of any amount of marijuana is also a felony with a maximum sentence of 10 years in prison and a $10,000 fine.
As you can see, the penalties in Wyoming for possession of marijuana are serious. And then you face a lifelong public criminal record.
Now, the severity of the penalties depends on the amount of marijuana you possessed as well as if you possess the marijuana with the intent to sell it.
Generally, in Wyoming, if you're in possession of a large amount of marijuana, and you have other paraphernalia like baggies or scales, law enforcement is going to be asked that you be charged with possession with intent to deliver.
They're also going to seize your cell phone, and look for other evidence in the way of text messages or perhaps pictures that will support their case that they believe you're selling drugs.
The second thing you should know— what will happen if you're stopped by the police, and you have marijuana in your car?
Keep in mind your constitutional rights. You have the Fifth Amendment right to remain silent, and you have the Fourth Amendment right to privacy. With those rights in mind, simply give the officer your license, registration, and proof of insurance. Beyond that, you're not obligated to discuss the details of your day.
If the officer asks you where you're headed from or where you're headed to, you can simply say, I do not wish to discuss my day.
If you're asked for consent to search your car, you can simply say no— period.
And certainly don't admit to having marijuana in the car if you're asked.
Remember you can always say, I do not wish to discuss my day, and I'd really like to get going.
If the officer ignores your request and continues to question you, you can always ask him if you're free to leave.
Be polite, and be direct.
You can always say I'd like an attorney.
If the officer wants to hold you longer than is necessary to write a ticket, then he or she should be able to explain why.
Maybe not to you right there on the side of the road, but certainly in the report, and possibly, in court to the judge if you get an attorney.
Finally, number three—what can a lawyer do to help me if I'm charged with possession?
The team at Just Criminal Law will carefully look at the circumstances of your arrest.
We’ll investigate possible defenses, such as were the drugs yours? Was the search and seizure proper?
Did the officer hold you on the side of the road too long? And we can even challenge the validity of the test done at the lab.
We’ll review your situation to see if there's any holes in the prosecutor's case, then we'll use this to your advantage to negotiate a better plea bargain by getting reduced charges or perhaps getting your case dropped altogether.
If you're charged with possession, plead not guilty, and protect your record.
Then set up a free consultation with one of my team members by visiting our website at JustCriminalLaw.com.