Legal Question in Criminal Law in Georgia

My son was arrested and charged with simple possession of marijuana and went to court they offered him 6 mos and he turned it down. Now because he turned it down they are saying that the evidence was entered in incorrectly and it should be a felony and they are making a motion to send it to superior court. Is that possible?


Asked on 3/10/11, 6:52 pm

2 Answers from Attorneys
Lawrence Lewis Lawrence Lewis, P.C.

Sure its possible. I suspect that your son has a prior criminal history, because the prosecutor is not offering anyone six months on a first misdemeanor marijuana possession. SO, either

(1) the weight on the marijuana is more than an ounce (a felony) OR (2) based on the packaging, they think they can prove possession with intent to distribute, OR (3) based on his prior criminal history they think they can get similar transactions against your son admitted to prove possession with intent to distribute. So, now you and your son get to decide if you are going to continue to play with the prosecutor without an attorney. IF you do, make sure you reference this answer when you are asking about his prison time.

Lawrence

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Answered on 3/10/11, 7:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Sure it's possible and it sounds like yoiur son is setting himself up for disaster by not having a lawyer. The longer he goes without counsel, the longer he probably will spend in prison.

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Answered on 3/10/11, 8:06 pm


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