Does my son have a way of getting out without being charged for a felony charge for possession of drugs or should I get an attorney to assist?

Question

My son was arrested along with three other boys. They are charged with a felony for possession of drugs. Nothing was found on him but a cop found the drugs and no one would own up, so all of them were charged. He is 25 with a fulltime job and a three-year-old son.  He had a misdemeanour charge about two years ago of marijuana less than an ounce that he was fine and had to take a DUI class, just to give you some background.

Terry Nelson · Answer

He would have to tell an attorney what the undisputed facts were that would do so. The closest he comes is that none were found on him. But, if he is charged with  conspiracy with the group, that is not a great defense. Think TV shows, where a drug gang gets caught in a transaction. Everybody gets arrested, not just the one holding the drugs or money. Besides, he has a prior, demonstrating to the prosecutor his tendency to drug crimes. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, contact an attorney.

Steven D. Dunnings · Answer

Hire an attorney.

Jason Savela · Answer

Yes.

Mark Bruce · Answer

Yes, hire a lawyer.  The DA is going on "constructive possession" but a lawyer will know how to defend this charge.

Steven Alpers · Answer

It depends on where the drugs were located whether they can prove the case.  He needs a lawyer.

Nathaniel Shafer · Answer

Having an attorney may indeed help your son. It will certainly help him with any chances of getting evidence suppressed. To completely avoid being charged, he will probably have to tell the cops who the drugs belonged to.

Larry Dunn · Answer

An experienced attorney who practices in criminal defense can examine all   the evidence and best identify any possible defenses to a felony possession   charge. While there are instances in which multiple people can be in  possession  of drugs, the police must identify and prove the individuals had  dominion and  control of the drugs. "It is not enough for the Inspector to come  to the mansion  and know that someone has committed murder, he must still  ferret out the  culprit".

Francis Cowhig · Answer

Anytime a person is arrested and charged with a crime, they should immediately retain an attorney to represent them.

Jeffrey Pollock · Answer

Unless someone accepts the blame, the state will pursue "constructive possession" by all the co-defendants. It would help to work closely  with a  private attorney.

Jared Altman · Answer

Yes. Get a lawyer.

Gregory Casale · Answer

First off, there are two kinds of possession under the law. One is direct possession where you have the thing in your hand or on your person. The other type is "constructive possession" where the person may not have the substance on them but has "dominion and control" over the illicit substance. Therefore, just because your son did not have the drugs on him, he can be charged and possibly convicted of possession for drugs.  You sound like the type of parent who cares about your son's future. Your son is lucky to have you. You should help him get a lawyer. He will NOT talk his way out of the charge. Despite what the police tell him, they are not going to have the charge against him dropped if he "tells them who really owns the stuff." Once the charges are brought, the police do not have the power to drop the charges. The District Attorney (ADA) can, but typically, the two parties (police and ADA) play off of one another telling the poor defendant something such as, "I would like to help you, but it is really up to the [the other]." The end result is they will make your son promises but very rarely do they deliver. My best advice is not to speak to them at all and hire good legal representation. If there is a deal to be had, a lawyer will know how to make sure it is provided.

James Osak · Answer

Get an attorney asap.

Mark Smith · Answer

Your son needs to engage a lawyer.

Stephen Freeborn · Answer

I do not know enough about the facts of your son's case.  The fact that he has been charged with felony possession indicates to me that the prosecutor thinks there is a pretty good case against your son.  If he tries to go this alone, without legal representation, he is a fool. A conviction could result in some serious jail time, plus with a felony conviction, he will probably loose his job and it will greatly limit his ability to get future employment.  Sad that he has a 3 year old who will be the one to suffer if your son is convicted. Get an attorney.

Jeff Yeh · Answer

Sounds like a good case to hire an attorney on. Since there are 3 suspects there is enough reasonable doubt as to who is the owner, as long as your son didn't incriminate himself by talking too much.

James Edward Smith · Answer

I would get an attorney who could get this either dismissed or dropped to a misdemeanor.

John Brennan · Answer

You son needs a criminal attorney and some new friends.

Michael Palumbo · Answer

Your son should be asking these questions and taking charge of his own life. He is not a "boy" as you put it but a man with a 3 year old son of his own. At what point do you say 'hey, you got yourself into it get yourself out of it.' You are doing your son no good being a "helicopter" parent and making excuses for him: "nothing was found on him, but..." A parent should be telling her adult child 'well, I guess you learned your lesson you should not hang out with druggies see what trouble you are in now,' not 'should I hire an attorney for my poor, misunderstood boy who did nothing wrong.' How about advising your son it is time he stopped his irresponsible ways, stopped hanging out with people who carry drugs, and to grow up and raise his child accordingly. So in short, no YOU should not get an attorney to assist, HE SHOULD seek and retain counsel on his own, pay for his lawyer, and figure a way out of this mess instead of relying on mommy. Only when he is made to pay for his stupidity and mistakes will he change his behavior.

Michael Chastaine · Answer

Get him an attorney. This is too serious to not take serious.

Leonard A. Kaanta · Answer

Your son needs an attorney.

Michael J. Breczinski · Answer

He should get an attorney to help fight the matter on the grounds that they can't prove who had the dope.

Andrea Rogers · Answer

He definitely needs an attorney to represent him.

Kevin Ellmann · Answer

Any time a Felony offense is charged, one should get a lawyer.  The implications of a felony conviction are potentially life-altering and it is definitely not something to take lightly.  Good luck!

John Patrick Yetter · Answer

You should absolutely hire a lawyer to help him - there are ways to deal with this but few people are taken seriously by the prosecution when they try to represent themselves.

Stuart Nachbar · Answer

Get a criminal counsel.  Best bet to try and get a plea bargain.

Anabelle Dias · Answer

Get an attorney to assist your son. Court appointed or retained but make sure he is represented when he goes to court.

William Spern · Answer

Get an attorney NOW. The police/people are bluffing as they have the burden of proving the crime and cannot.

Jason P. Kutulakis · Answer

You should consult with and retain an attorney immediately. Felony drug possession is very serious! In the meantime, he should not discuss with anyone including you.

Timothy Byrne · Answer

Get an attorney. It may be possible for your son to enter a diversion program.

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Does my son have a way of getting out without being charged for a felony charge for possession of drugs or should I get an attorney to assist?

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