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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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My then 17 year old son was found to be under the influence

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My then 17 year old son was found to be under the influence at school. When searched, all that was found was a lighter. When I was called and then went to school to pick him up, it was stressed that that was all that was found in his posession. When we went to court, they charged him with posession with marijauana. The girl that he was with pleaded guilty to the posession charge and it was indeed found in her car and it was hers. Yes, we do know that my son was in the wrong, but how can they charge him with posession when that was not the case? We go to court on 12 Feb 09 and the town of McLoud is not a nice town. I need help. My son is now 18.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

Did the girl he was with state the marijuana was his? Where does the police report state the marijuana was found?

Is he appearing in court as a minor?

Customer: replied 5 years ago.
The girl says that she did say that it was hers. The juvinial ticket does not say where it was found and when we first went to court it was with the juvinial DA. They didn't say if he would be tried as an minor or not.
Expert:  P. Simmons replied 5 years ago.
Thanks

They must give notice to try as an adult, so I suspect that will not be an issue

The best thing you can do for your son is to get an attorney with experience in criminal law. It is not uncommon for law enforcement to cite an individual in a case like this without solid evidence...since it is only a citation, his guilt or innocence has not been established.

From your description, this should be easy to defend...if he did not have marijuana...and the police did not find marijuana in his possession it is not likely he will be convicted of possession of marijuana. Again, a good criminal attorney can assist with this if the state presses the case. It may be that if you press the prospector at the arraignment that he or she will drop the charges (when the learn that there is no evidence). If you can get this you can bypass the attorney for this issue...but if the state refuses to drop, you will need the attorney.

As for the under the influence...that will depend on the evidence they have on him...but if there is evidence that he was under the influence they can use this evidence to prosecute.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27018
Experience: 16 yrs. of experience including criminal law.
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