QUESTION

My daughter was arrested for possession of 9.5 grams of marijuana. This is a first time offense and she is 17 years old, home schooled and has a good job. What can I do to help her?

Asked on Mar 25th, 2003 on Criminal Law - Texas
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My daughter was arrested for possession of 9.5 grams of marijuana. This is a first time offense and she is 17 years old, home schooled and has a good job. What can I do to help her?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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There are several ways you can help your daughter. In many states, possession of less than one ounce of marijuana is a petty offense, punishable by only a $100.00 fine. In others, it is a misdemeanor. The best thing you could do for your daughter, if you are able, is to retain an experienced criminal defense attorney to represent her. The lawyer will review the police reports and determine whether there are defects with her arrest or any interrogation or search involved in the case. If there are deficiencies in these areas, the lawyer will prepare a motion for the Court to suppress the marijuana as evidence in her trial. Without the marijuana, it would obviously be very difficult for the prosecution to win a conviction. A lawyer is also in a better position than your daughter or her parent to negotiate with the prosecutor. In many cases like your daughters, a diversion program is available. Under the program, your daughter would be put on probation for a period of time, and if she successfully completes any court-ordered drug treatment and stays out of trouble for the duration of the probation, the case would be dismissed. If this program is not available in your area, she still might be able to obtain a deferred adjudication or sentence, whereby she pleads guilty and is put on probation. If she successfully completes any court-ordered treatment and stays out of trouble for the duration of the probation, the guilty plea is withdrawn and she would not have a record. I also recommend you go to court with your daughter and either through her attorney, or on your own, let the prosecutor know all her good qualities and that you support her. Most importantly, let your daughter know that while you do not approve of her using marijuana, everyone makes mistakes and you will support her and help her.
Answered on Mar 25th, 2003 at 12:15 AM

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