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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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My grandson just turned 18 and was arrested and charged with

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My grandson just turned 18 and was arrested and charged with marajuana possession under 50 grams 2c,35-10 a(4). And parafanalia possesion 2 c,36-2 ujsa.court appearance may4. First offense. Do we need an attny?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - He definitely needs an attorney and since he is an adult he can ask the court to appoint counsel if he cannot afford an attorney the court will appoint counsel. Of course you are permitted to hire your own attorney for him but be aware that once you hire an attorney it may be difficult to get a court appointed lawyer if you find the expenses are too much to continue with the private lawyer.

Your grandson should not make any statements to anyone but an attorney. He will need to plead not guilty and that will allow his attorney to have an opportunity to try to negotiate with the prosecutor for a lesser charge and also to make certain all of his rights are protected.

Customer: replied 5 years ago.
Can his dad appear with him on the court date and request a court appointed defender and receive a continueance till he talks to his lawyer
Expert:  Dave Kennett replied 5 years ago.
His dad can go with him but he will not be able to speak on his behalf since your grandson is an adult and his father is not an attorney. Your grandson will have to ask the court for a continuance to get an attorney. The courts are used to these requests and it shouldn't be a problem. I assume he is not in jail so the judge will just continue whatever bond he is currently on. They won't give him forever to find an attorney and at some point will appoint one. Generally a week or so is all they will give.
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