Q: My 20 yo son got a citation (first) for simple possession of marijuana. Do we need an atty to get the charges dropped?
He was sitting in a car in the street in front of his friend's parents' house. The officer said he smelled marijuana and took a small amount of marijuana from my son. His friend's parents confirmed that he was staying with them. His citation is for simple possession (39-17-318). Now my son has to appear in court to "turn himself in" and get a court date. My son is a full-time college student who is home for the summer and has never had charges before.
Do we need an attorney when he turns himself in during general sessions? Will the case automatically go to a second court date or could it end/be dropped after the appearance in general sessions court?
A: If Marijuana was found on your son then he could be charged with Simple Possession of a schedule VI drug. These type of cases are not usually dropped. It sounds like his first court date is an appearance date which is a formality to give defendant's their trial dates and possibly apply for an appointment of an attorney. A lot of courts are not holding appearance dockets so make sure its still the correct date. On the trial date the officer should be present as well as the district attorney. This is the date where negotiations will begin and possibly a preliminary hearing . Your son may qualify for diversion if this is his first offense. A diversion plea would allow your son to get the charge expunged if probation is completely successfully. I recommend hiring an attorney to explain these things in more detail as well as talk to the officer and negotiate the best possible plea deal with the district attorney. Good Luck
Anthony M. Avery agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.