Legal Question in Criminal Law in California
my dson who is 18 years old has to appear in court for a misdemeanor charge of possition of marijuana. Does he need a lawyer when he appears in court?
2 Answers from Attorneys
He needs to contact the local public defenders office as a lawyer may be able to get the charges reduced to an infraction which has much less serious consequences that conviction of a misdemeanor. I assume he does not have much money so will qualify for use of the PD. He may need to appear by himself at the initial hearing; he should ask the judge that a PD be appointed as he lacks the funds to hire counsel himself. Only if absolutely necessary should he enter a plea, which would be of not guilty.
He is not legally required to have a lawyer, but it would be foolish to represent himself. If he can't afford to hire a lawyer, he should tell the court he needs a public defender.
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