Legal Question in Criminal Law in California
Possession of marijauna
My son was stopped by the police (broken car light) who could smell marijuana in the car. He told him he could smell it and asked to search the car. My son allowed him to do so. According to my son his friend in the back seat had the marijuana as well as an open bottle of beer. He gave my son a ticket for possession. My son failed twice to go to the arraignment and now there is a warrant out for his arrest with a $15,000 bond. I just found out about this last night and am so afraid that they could take my son to jail. He is 20 with no priors and really is a great kid. We have never had any trouble with him before this. He was afraid to tell us. Do we need a lawyer. They did not charge him with the open bottle of beer. He did not want to get his friend in trouble so he took the blame.
3 Answers from Attorneys
Re: Possession of marijauna
The warrant is now more a costly problem than the original charges. Properly handled, he might be able to get drug diversion or a delayed dismissal, but will have to pay up for the Failures to Appear. Get an experienced lawyer if you want it done right. Contact me if intereseted.
Re: Possession of marijauna
To have the best possible result, i.e., drug charge reduced to disturbing the peace, and the failures to appear be removed without jail time, get an attorney. I have achieved similar pleas for my clients. Do not go to diversion for this, the option needs to be left open. Call me directly at 16192223504.
Re: Possession of marijuana
Aside from the fact that you allowed your son to attain the age of 20 without your teaching him never to consent to a search, yes, he would benefit from having a lawyer. This is because your son might say or do something that would hurt his case if left to himself. Look, an open container and possession of marijuana are pretty small beer, as it were. The failure to appear will require an act of contrition if not repentance. Probably some community service will be involved. Maybe your son will be eligible for Diversion which will totally erase the violation as if it never occurred. Even successful completion of probation will make him eligible to have a conviction expunged for most purposes. Every kid has a minor beef with the law at about this age. What you do about it will determine what effect, if any, it will have on his eventual educational/career aspirations.
Do not make the mistake many parents do of allowing the system to "teach him a lesson," as things might not work out the way you intended.
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