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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 35770
Experience:  30 years legal experience
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Hi, My son is 20, he was driving around Plymouth State University

Customer Question

Hi,
My son is 20, he was driving around Plymouth State University at 2:00 am with friends. They got pulled over by the police, the police say they saw the car swirve. My son got caught with a pipe with marijauana residue. He has to go to court. Should I get a lawyer?
Lory
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today.

Yes, you really should get your son an attorney for this citation. While possession of less than an ounce of pot is a civil offense and a $100 fine, possession of paraphernalia is punishable by up to 2 years in jail under MA laws. And while jail is highly unlikely, he will want to make sure that it is not a possibility, a fine of $500 to $5,000 is also possible. If this is a first offense for your son, it is possible that the matter can be resolved with no mandatory sentence and no criminal record.

Here is a link to the state law:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94c/Section32i

So, yes, he would be much off being represented by competant legal counsel.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug


Customer: replied 3 years ago.

My son was near Plymouth State University which is in New Hampshire not Mass. Does your information change because this is a different State?

Expert:  LawTalk replied 3 years ago.

Hi Lory.

Your question specifically stated Massachusetts as the state relating to your question, which is why I researched MA.

Please be patient while I examine the laws of NH for you.

Doug

Expert:  LawTalk replied 3 years ago.

Hi Lory,

Under NH law, the sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a fine as high as $2,000.

As your son is under age 21, he also faces a driver's license suspension of 3 months to a year.

So, again, while jail is highly unlikely, conviction of a misdemeanor would stay with him for years, and the fine is still significant. I would still recommend that he be represented.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug