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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20070
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My nephew was stopped in a routine check point, following my

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My nephew was stopped in a routine check point, following my son, who was escorting someone home who had been drinking. My son, nor my nephew, do not drink so it seemed the right thing to do. My nephew was to pick up my son after the drop off and escort him home. However, the policeman at the scene, said he smelled marajuana. My nephew assured them that was not the case. However they proceeded with the search, and found nothing. I had earlier asked my son to ask my nephew to drop off a prescription ( i had left it after christmas ) when he came by on Sunday after church as he usually does. it is a three hour drive from my son's house to here and my husband has been recently paralyzed, so the drive is doubly hard. It was my prescription, a mild zanax ( I am in my 60's ) of only 20. Only missing pills would be the one I took while at my son's house. They have charged him with a felony??? We are freaking out. They held him for 24 hours. He has a court date. HELP!!!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.
Hello,

First and foremost if your nephew did nothing illegal, there is nothing to freak out about. His attorney, either one he has hired already, or the one who will be appointed by the court at his hearing if he cannot afford one, will gather all the evidence and put on his defense based on what you have said. In fact, if the facts are as you have relayed them and your nephew did not illegally use or possess your prescription, then his criminal defense attorney may be able to convince the prosecutor to drop the case altogether.

He should not make any statement about the facts of the case to anyone other than his attorney.


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