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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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My son was stopped for swerving when a lit cigarette re-entered

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My son was stopped for swerving when a lit cigarette re-entered his vehicle, his car was searched and several marijuana pipes were located one in the center console and another in the rear in a tool box. The vehicle belonged to his father who just passed and was placed in his possession while the family decided what to do with his fathers assets as he was in need of transportation. the paraphernalia belonged to his father he was sceduled for a pre-trial after pleading not guilty and his public defender asked him to take a drug test sceduled for the next morning if it is clean the case will be dismised and they wont count the alcohol part of the test she says since he admitted to using concern is he has used pot in excess since his fathers death and may not pass how will this affect the charges? can he be charged with using drugs and face worse consequences? or should he refuse the test and take his chances they originally offered probation for 2 yrs and 30 days suspended and a fine.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 4 years ago.
They cannot charge him with anything additional for failing the drug test. They can withdraw the offer, but are not likely to. Refusing the drug test is going to be tantamount to failing because they will assume the only reason he refused is because he would fail. Most likely the result will be the same whether he refuses or tests positive.

Customer: replied 4 years ago.
will a positve result change the previous offer of probation w a suspended sentence?
Expert:  Legal-Guru replied 4 years ago.
The DA can withdraw an offer at any time for any reason or for no reason whatsoever. Based on my experience, however, they probably will not. I've never seen anyone be sentenced to jail for a first time marijuana or marijuana paraphernalia charge.

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