QUESTION

What will happen to my under age son who was caught with weed?

Asked on Jun 30th, 2011 on Criminal Law - Michigan
More details to this question:
My under age son was caught in possession of weed. The police said that he could get dealer charged because he had so much. The friend he was with admitted it was his but the weed was found in my sons bag. He has already been in trouble in the past steeling. What type of sentence will he get with this his second offense?
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8 ANSWERS

Criminal Law Attorney serving Howell, MI at Law Offices of Jules N. Fiani
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Your son needs to immediately hire an experienced attorney. I have over 30 years of experience, successfully helping clients with similar cases as your son, and since I specialize in this area of the law, I can tell you that it is extremely important to hire the right lawyer.
Answered on Jul 04th, 2013 at 2:29 AM

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Michael J. Breczinski
If he is kept in the juvenile system then anything from probation to residential treatment.
Answered on Jul 04th, 2013 at 1:33 AM

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Jacob P. Sartz
The answer depends on how much weed he "allegedly sold," what specific types of charges the prosecutor is pursuing, whether he is being charged as a juvenile or adult, whether he is being charged as a habitual offender, and several other factors. Your son is presumed innocent. Your son has a right to council. The prosecutor would need to prove their allegations beyond a reasonable doubt. Your son needs an attorney. Your son should consult with an attorney if he needs specific legal advice. If your son cannot afford to retain an attorney, the court will probably appoint one to represent him. Most attorneys provide free initial consultations. It is certainly worth the effort to make a few phone calls.
Answered on Jul 07th, 2011 at 12:41 PM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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This charge is often dependent upon location. In some counties, like Washtenaw & Wayne, it is treated more leniently than in others, like Livingston & Oakland. So without knowing more, it is difficult to predict the outcome.
Answered on Jul 05th, 2011 at 11:07 AM

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Steven C. Bullock
It is not clear when you say "underage", what that means. If in juvenile court, there are programs he would be referred for completion. If charged as an adult, there are several options available to keep the matter off his record. You should consult an attorney immediately.
Answered on Jul 05th, 2011 at 10:31 AM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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When you say underage, how old is he? If he is under 17, he will be petitioned into juvenile court. There his penalty could be fines and costs, community service or if this is a second offense time in either secure or non-secure detention. If he is 17 or older, he will be charged as an adult. The penalty there will depend on the charge and the amount he had. It could be as severe as time in jail and/or prison.
Answered on Jul 05th, 2011 at 10:28 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry First, it is important to know what you mean by "under age." This will explain whether he is in the juvenile system or the adult system. If in the juvenile system, he could be waived to the adult system, could seek a diversion (not likely based on what you describe), or simply stay in the juvenile system. If you mean under 18 years old, and not juvenile, then he will be treated as an adult. The sentence will depend on what the original charge is and its maximum penalty. If a felony, the the appropriate sentencing guidelines will apply to determine the minimum sentence range. Alternatives include YTA treatment, possible 7411 (if not a delivery charge) and possible drug court if available. In short, the attorney you hire will be able to best advise you of the potential outcomes in the case.
Answered on Jul 05th, 2011 at 10:28 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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It will be hard to give an answer without knowing your son's age and his previous prior convictions. How was marijuana was he caught with? Being charged as a dealer is certainly a lot worse than a user. If he's under 18, then he should be adjudicated as a juvenile as opposed to being charged as an adult which will be beneficial to him. He could be placed on the juvenile equivalent of probation with a heavier emphasis on community service and mentor programs designed to help steer him in the right direction as well as any drug or rehab programs that they might assign. Worse case scenario is that he could do some time in the juvenile detention facility. You need to seek out an experienced criminal lawyer for him right away.
Answered on Jul 05th, 2011 at 10:07 AM

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