How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20222
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
26798026
Type Your Criminal Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

Two weeks ago, my son was arrested for intent to sell drugs.

Resolved Question:

Two weeks ago, my son was arrested for intent to sell drugs. He had about 60 pills (estasy), and a bag of weed. He was released on his own recognisance.

Then last week he was stopped in a gas station. The car belonged to someone else and the license has been suspended. He was also carrying a knife that was for work, and it is of an illegal nature because of the way it is made. Again he was arraigned, and released.

He has a court date on 1/12/11. By the way, the knife charge was added to the first.

My questions to you is: What happens next, and will he have to go to jail?

Thanks
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Is the court date in January for the initial charges or for the suspended license and the knife?
Customer: replied 3 years ago.
Both
Expert:  Lucy, Esq. replied 3 years ago.
Is this the trial?

If so, did the judge appoint a lawyer at the original court date on the drug charges?
Customer: replied 3 years ago.

All I know is that he was arrested the first time on 10/20 (drug charge)and the second on 10/26 (weapons charge). He was released both times. He says they added the second charge to the first, and has to appear in court on 1/12. Nothing has been done as far as I know; no attorney, no rights were read to him (so he says).

 

By the way my son is a grown man (36 yrs old). He is a truck driver with obviously a drug problem. But he works everyday (mostly 6 days a week).

Expert:  Lucy, Esq. replied 3 years ago.
Ok, thank you.

At the appearance where he was released, that should have been an arraignment, which means that he was notified of the charges against him, advised of his right to an attorney, and then released. That's what should have happened, which means that he would have a lawyer at the next appearance.

If the next court date is in January, that could be a pretrial conference, a change of plea, or the trial itself. If it's just a conference, not much will happen. They'll tell the judge whether they're ready to go to trial and they'll pick a trial date.

If it's a change of plea, he would be pleading guilty based on a negotiated agreement. That's probably not what it is, because it was set at the initial appearance. Changes of plea are usually not set until later, because the defendant pleads not guilty at the initial appearance.

Otherwise, it's a trial. The DA will present their witnesses, and your son will have the ability to cross-examine them. When the DA rests, he can ask the judge to enter a verdict in his favor, based on the fact that the DA did not prove that he is guilty. If the motion is denied, he would then be allowed to present his own witnesses and, if he wants, testify on his own behalf.

If he needs treatment, then his lawyer can try to negotiate some sort of plea that means that he gets treatment instead of jail time, in exchange for a guilty plea. That would avoid the trial. Otherwise, if he is found guilty on the charges, considering how much ecstasy he is charged with carrying, plus the other charges, he would probably be required to do some jail time.

Court records are public documents. If you call the clerk with your son's name and the case number, they should be able to tell you what type of hearing is scheduled for that date. At that point, I would be able to give you more detailed information.

No matter what happens, good luck.
Customer: replied 3 years ago.
I appreciate your help. I just wanted to say that this is the first time he has been to jail. The botXXXXX XXXXXne for me is; do you think he will have to do jail time?
Expert:  Lucy, Esq. replied 3 years ago.
If he is found guilty on the drug charge, he will probably do jail time, but it depends on how much he is found guilty of possessing. If the total weight of the drugs is 8 ounces or more (including the marijuana), there is a minimum sentence of 15 years. If the weight is four ounces, then it would be 3-15 years. If it's less than that, there is no minimum mandatory sentence.

If it were just the knife charge, then he might be able to get off with probation. But he's charged with carrying a lot of illegal drugs and, unfortunately, if he is convicted, he will probably spend at least some time in jail.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20222
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.