Legal Question in Criminal Law in Georgia

My son got arrested for possession of less than one oz. of marjuana with intent to sell. He was also charged with drug dui. He has never been arrested before. Can he get the first time offender? Would he serve any time in jail? He has a committment hearing on March 1 in superior court , What is a committment hearing? He also had two minor traffic violations. They did not take his drivers license. Can he still drive legally?


Asked on 2/23/11, 6:08 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Get him a very good lawyer. He COULD go to jail, lose his drivers license, be fined heavily, and lose for life his ability to get student loans and get certain jobs. A good lawyer may help avert some of the consequences. He needs that lawyer well before his hearing date.

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Answered on 2/23/11, 7:04 am
Lawrence Lewis Lawrence Lewis, P.C.

You need to have a sit down consult with an attorney, because you have a number of questions, many of which are framed incorrectly. First, there is no charge of less than an ounce of marijuana with intent to sell. There is only misdemeanor less than an ounce of marijuana and felony possession with intent to distribute. Second, he can get first offender, but first offender does not prevent him from going to jail or prison. Third, his commitment hearing will not be in Superior Court, but in Magistrate Court. The hearing is where his attorney will be able to hear the evidence that the state has against your son. Whether or not he can drive legally depends on the facts and circumstances of the DUI arrest. Did he submit or refuse breathalyzer? You really need to sit down with an attorney. You are doing your son and yourself a disservice my trying to piece together different advice from different attorneys and then relying on that advice in a sort of do-it-yourself representation.

Lawrence

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Answered on 2/23/11, 9:06 am


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