What is my son facing on a possession with intent charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my son facing on a possession with intent charge?
My son was arrested on possession with intent after pot was found on him. It actually belonged to his “friend” who denied knowledge of anything even though he put up the money. When my son was taken away, he was taken behind an abandoned plant, and one of the officers said he knew his dad and would charge him with misdemeanor possession. The transporting officer, when they arrived at the jail said it would be possession with intent to sell. At the bond hearing, the judge actually saw the different charges and went with the most current, is this legal? We’re looking for an attorney now.
Asked on May 23, 2011 under Criminal Law, Georgia
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is unclear what you mean when you state that "his dad would charge whim with misdemeanor possession." Are you referring to the arresting officer's father, or your son's father? Is your son's father a cop?? In any event, the general rule is that the prosecutor is free to change the charges based upon the facts presented by the police. Remember, the prosecutors are lawyers, not the cops. Therefore, the cops often include, or miss, certain charges that the prosecutor notices. Therefore, there is nothing in and of itself that appears to be illegal with respect to the trumped up charges, unless the reports suggest otherwise. Regardless, what your son is "facing" depends on the strength of the state's evidence, whether the police violated your son's constitutional rights in making the arrest, as well as other factors, such as your son's prior criminal history. Thus, you clearly need to consult with a local defense attorney to discuss this matter in greater detail in order to obtain a clearer understand of what your son is facing. Good luck.
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.