Do we need an attoreny if our daughter has been charged with possesion of marijuana?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do we need an attoreny if our daughter has been charged with possesion of marijuana?
Our daughter (17) has an intake interview with the probation office for a complaint filed by the State Police for minor in possession of marijuana. The possession amount is listed as .23 grams. She was taken to the station and when her car was searched (by our authorization) they found the marijuana within the area where she was sitting. Should we go to the intake interview with an attorney or is this pretty much a done deal as far as the possibility of getting the charges dismissed?
Asked on April 16, 2012 under Criminal Law, Pennsylvania
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
While it is always best to have an experienced criminal lawyer help you achieve the best result possible, this is considered a minor offense in New York. Since it is under 25 grams and not burning or open to public view, in NY this would result in a violation and not misdemeanor charges. A good defense attorney should be able to get these charges dimissed if she stays out of trouble for a year
Maury Beaulier / Minnesota Lawyers.com
Answered 12 years ago | Contributor
Thank you for the inquiry.
You would be wise to retain counsel. Often on a first offense an Adjudication in the juvenile process may be avoided. It becomes a bit more difficult when the child is older, such as age 17 where the court loses jurisdiction over the juveile in a short time.
Obviously, there are many defenses to the charge. Certainly, a significant issues is whether or not the officer had an articulable, reasonable suspicion of a particularized criminal offense in order to make a seizure. If there is no reasonable suspicion any evidence seized after the stop would be the product of an unlawful search and may be suppressed.
For a FREE consultation call (612) 240-8005.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.