What kind of attorney do I need to fight a wrongful drug possession charge?
Asked on Mar 22nd, 2013 on Criminal Law - New Jersey
More details to this question:
My son was charged with misdemeanor drug possession (Marijuana over 4 grams) however, he only had an empty pipe on him. Another person had the drugs on him, not my son. What kind of attorney do we need and can we get these charges dropped? It is his first offense.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.
You need a criminal defense attorney. The prosecutor would probably be more willing to drop charges if your son is willing to testify against the person who was carrying the marijuana. If the prosecutor is not willing to drop the charges, the case may be one you want to take to trial. A jury may acquit your son when they hear that he had none of the drugs on him.
A criminal defense lawyer. And be aware that it is likely there was some marijuana in that pipe which is why they think they can make joint possession of what was on the other guy stick to your son.
Your son needs an experience criminal defense attorney, who is familiar with drug laws, search and seizure laws, and how to argue "possession" charges. If your son did not have possession or control over the 4g of marijuana that his friend had, then he cannot be found guilty of possessing marijuana. However, in CA, possession of such a small amount of marijuana will usually be reduced to an Infraction, where your son will likely have a pay a small fine (about $100). However, if your son need to keep a clean record, paying the fine and pleading guilty to an Infraction may not be his best choice.
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