Legal Question in Criminal Law in Massachusetts
possession of marijuana
My 32 yo son was stopped for traffic violation and the police found one marijuana joint in his car. This is not his first offense; several yrs ago he had possession findings. On 12/3 he left for Costa Rica to live there for 3 months. I picked up his mail & he has a court hearing 12/20/05 on a form called ''Application fro Criminal Complaint'' and checked off is ''1 or more felonies, I request a hearing'' Complainant is Police. Last sentence..If you do not appear for your hearing..criminal complaint may issue against you''. I'm trying to email him in Costa Rica. Can he hire an atty to represent him? Or, must he fly back? What if I can't reach him?
2 Answers from Attorneys
Re: possession of marijuana
If you can not reach him--the complaint will issue against him. The arraignment (first in court appearance)of the charge will be scheduled at a future date. You can hire an attorney for him who can call the police and the court and see if the hearing can be rescheduled for when he returns from Costa Rica. It is best that he have the hearing since it is a way of not having the charge issued against him which happens more often if an attorney is involved. I hope that this helps. Please contact me further at [email protected] if you have any further questions. Martha Kovner
Re: possession of marijuana
He should request an attorney and he should request a hearing. He should get an attorney for this matter, especially since you believe he may have had a prior charges. If an attorney is involved you will have a better chance of rescheduling matters until he returns. If you have further questions, you can contact me at [email protected]
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