Home -> Law Blog Directory -> Criminal Law Blogs -> Underdog

Criminal Law

: Underdog

Defending in federal magistrates' court

By Marks & Katz, LLC

 Bill of Rights. (From the public domain.) Recently, I won a marijuana possession case in federal magistrate's court. I won the case not through pulling any rabbits out of the hat, but by using procedural rules and procedural strategy to my advantage.  My client was issued a citation for possessing a small amount of marijuana in a national park. The cop issued him a citation that looks similar to a speeding ticket, and left. The citation provided the alternative to pay the ticket rather than needing to defend in court. The upside of paying the ticket was eliminating the risk of incarceration and the need to pay a lawyer. The downside is that the payment of the fine can be considered a conviction for allegations of violating existing probation for an earlier case, and when the defendant applies for a security clearance, applies for a job, has a bond set for any future arrests, and gets sentenced for any future conviction...continue to full post

Full post as published by Underdog on February 04, 2009 (boomark / email).