Legal Question in Criminal Law in Georgia
My son was arrested
My son turned 17 in GA 2 weeks ago. The police entered--name removed--home saying they had a warrant that they did not show--name removed-- They arrested him on 4 felonies. 2 x possession and sale of marijuana. 1 x possession w/ intent to sale marijuana (2 grams, felony somehow), 1 x use of telecommications facilty to commit a felony (cellphone).--name removed--question is how can it be a felony posession with intent to sell when he was rolling it when they walked into his bedroom?
1 Answer from Attorneys
Re: My son was arrested
To properly answer your question, I need to know a few more facts. Number 1--Did the police already have warrants to arrest your son, or did they have a search warrant for the home he was in? Why did the police charge him with "intent"?--The police often "over-charge" based on the quantity and packaging of the drugs found. The prosector for the state will have the increased burdon of proving that additional element of the offense. If the police had a search warrant, it is possible that an informant has provided them with information that your son was selling drugs. Let me know if I can help.
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