Legal Question in Criminal Law in California
Possession of a controlled substance
My college age son is going to court for possesion of a controlled substance (coke) this is his first offense with the law, he's been bounced back and forth between two courts and it is yet to be resolved. They have offered programs he can attend for his offense. The problem is that these are cookie cutter programs for people who live in the area, unfortunately my son is a college student and travels home for spring break and especially summer as the area he is in is way to expensive to stay in if college is not paying for it. My son is attending mental health counseling and a program with a psych. for alcohol addiction thrugh the college on a regular basis ( has been daily, for over a month so far). How do we get the judge to look at him as an individual and address his case accordingly, unfortunately he has a P--name removed-- representing and every time we go it is a different one. As his parents we have been to court every time with him, traveling 6 hours each way and in touch with him daily. Any suggestions? He's never been in trouble before and is taking this very seriously as we are too and very involved with his counseling etc....He wants to attend an inhouse program at the summer break s well, and has been intervi
3 Answers from Attorneys
Re: Possession of a controlled substance
You should hire a private attorney who has the time to investigate the options and present them to the judge. Other than that, good luck in speaking to his current Public Defender.
Re: Possession of a controlled substance
The programs may not be convenient, but jail -- the only other option available -- would surely be worse. Your son is being punished for a crime, and it should not be surprising that his punishment will inconvenience him.
The fact that the distance between his home and his college will make the punishment harder on him is beside the point. Everybody has unique circumstances, and the drug programs you describe are not supposed to smooth over these differences. Being jailed also affects some people (especially those with families to support) more severely than others, but that fact does not entitle them to special treatment. The same principle applies to drug treatment programs.
I don't mean to trivialize your concerns, but you need to take a look at the big picture. Your son has an opportunity to avoid jail and remain in school, which sounds like a good deal to me given the available alternatives. He needs to find a way to make it work instead of complaining about the (admittedly real) toll it will take on him and on you. Remember that you and he are in this position because he broke the law, not because the system is treating him unfairly.
Good luck.
Re: Possession of a controlled substance
You need a good lawyer to convince the judge/DA to accept a program/counseling/NAs/whatever where your son goes to school. Best way to do it, is to propose something which would be more rigorous than anything he would need to do here. A PD will probably not do it, but a creative and energetic private attorney might. It is worth a shot.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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