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City Court Takes Up Marijuana Cases This Week
Pubdate: Wed, 04 Feb 2004
Source: Hattiesburg American (MS)
Copyright: 2004 Hattiesburg American
Contact: http://www.hattiesburgamerican.com/
Details: http://www.mapinc.org/media/1646
Author: Nikki Davis Maute
CITY COURT TAKES UP MARIJUANA CASES THIS WEEK
Hattiesburg City Court officials will begin processing marijuana cases this
week more than two months after Mayor Johnny DuPree ordered court action on
the misdemeanor drug arrests stopped.
DuPree ordered action on all drug cases before the court delayed after a
Hattiesburg American report revealed lawyers were able to get their clients
off by demanding drug evidence be sent to the crime lab for analysis.
The city did not routinely conduct the testing or inform defendants of
their rights to have suspected drugs tested.
City Attorney Charles Lawrence estimated there are 100 cases waiting for
court action.
Lawrence said from now on all drug defendants will have to sign a document
acknowledging their right to testing. If a suspect wants a substance tested
he or she will pay the $50 fee. If a suspect wants to contest the arrest,
he or she will have to pay $500 more for a Crime Lab technician to testify.
"If the substance is not marijuana, then they will not have to pay for the
test since there will be no criminal charges," Lawrence said. "If the test
is positive, the defendant will pay the lab fee."
Lawrence said adding the waiver to the process involving misdemeanor
marijuana arrests does not require approval of the Hattiesburg City
Council. Possession of under an ounce of marijuana is considered a
misdemeanor. The fine for possession is $463.
City Councilwoman Betsy Rowell said she's pleased that the issue has been
resolved.
"People with attorneys were using a loophole that those without did not
have," Rowell said. "This makes the process fair."
Lawrence said very few people in the past have asked that substances seized
as part of their arrest be tested.
"I don't expect this to be a big deal," he said.
Lawrence said the city court already has other waivers suspects in other
crimes are requested to sign.
"We are not setting some new precedent," Lawrence said.
He said for defendants who did not know they could require the substance
tested, there is little they can do now since appeals must be made in 30
days of their court hearing.
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