Legal Question in Criminal Law in Florida
my 18 year old son
my 18 year old son was a passenger in a car that got pulled over for expired tags.they then search everyone and my son had 1 percocet in his pocket he was taking to grandmother as she has history of drug overdosing and all her meds. are locked in my safe and given to her when needed.anyway they arrested my son for possession of hydrocodone and i bonded him out.now we find out they have warrant for his arrest as charges were changed to possession of oxycodone.and bond no longer is valid.my question is this legal.thank you for your time
3 Answers from Attorneys
Re: my 18 year old son
yes-I would suggest you send me a email with your phone # to discuss this now or
retain another attorney.Do not talk to anyone about this(including the police).
Re: my 18 year old son
It's improper to change his bond status without a hearing after it's already been set. You should set a heraing before the judge and merely request that the old bond be reinstated and the warrant removed.
If this is his first arrest, he will likely be offered a pretrial diversion program. From what you said, your son was in possession of the oxycodone and therefore, he may have some trouble defending himself in court assuming that the stop was legal and that the search of your son was legal. If not legal the evidence may be subject to a motion to suppress. Without the evidence, teh state has to dismisse the charge. You need a lawyer to review the case.
After the case is over, remember to consider sealing and expungement of his record. You can contact me then. Remember that if he is ADJUDICATED GUILTY he will not qualify and he will be a convicted felon!
Nicolas
Re: my 18 year old son
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It depends on how it was handled. This is a serious matter and you should consult an attorney to safeguard your son's future. A conviction for possession is something that will haunt him the rest of his life. You should strongly consider hiring a private attorney to represent your son. It is possible that an attorney may be able to get your son in a diversionary program and keep his record clean.
Scott R. Jay, Esq.
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