Legal Question in Criminal Law in Colorado

marijuana

my son, 15, was is being charged with possession of marijuana, less than an ounce and having drug paraphernalia at school. It was not found on him they found it in the bathroom and he was in there. If found guilty, he has to go to adult court, what sentence could they give him?


Asked on 5/18/08, 6:51 pm

2 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: marijuana

First of all, does he really have to go to adult court? Unless there has been a special proceding which allows this to happen or he is being charged in municipal court (which does not have a juvenile division), he would be charged in Juvenile court. If he is state court he is most likely in juvenile court. Secondly, in order to be convicted of possession, he has to have ownership of the drugs and the pipes. If he didn't have any wonership interest, he is not guilty of possession. If he is not guilty, he should not plead guuilty and should fight this. Good luck.

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Answered on 5/19/08, 1:14 pm
Philip Rosmarin Rosmarin Law Firm

Re: marijuana

I think you're putting the cart before the horse here, asking about sentencing before thinking about the quality of the evidence.

Unless he volunteered that the mj and para was his, if this was a school bathroom, what is it that connects him with the stuff?

That said, he is likely to be offered a dismissal of the mj charge if he pleads guilty to possession of the paraphernalia. If it's his first offense, he'll likely be offered a deferred sentence, meaning if he keeps his pipe clean for the time of the deferred, the charge will be dismissed.

Good luck.

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Answered on 5/18/08, 7:20 pm


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