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 xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

M son charged with 4 felony counts of Marijuana cultivation

Customer Question

M son charged with 4 felony counts of Marijuana cultivation with intent to sell. Vehicles were seized. supposed to turn himself in when an arrest warrant was issued.Attorney never knew about the arrest warrant. he was arrested . given a bail of 70K. at a scheduled court appt. after , they found a different location a month later that had nothing but the remnants of a grow area, charged him with 2 more counts of marijuana /cultivation with a 20k bail attached. They handcuffed him in court room, and his attorney pleaded this was an ongoing investigation nothing new. He was then given probation..
If you have not been convicted, how is it legal to give probation. If you are innocent until proven guilty. Why would this happen. .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

You are correct! The situation as you have presented it, is VERY strange.

Did he plead guilty to something on the first 4 counts?

Was he arrested, booked and arraigned on the next 2 counts?

Thanks.
Customer: replied 1 year ago.

No, he has not gotten that far. He plead not guilty for 1st four. No, he was taken out of handcuffs and given probation instead.


Thank you.

Expert:  xavierjd replied 1 year ago.
Hi,

I am sorry. But as you describe what happened in your post, the acts were TOTALLY inappropriate.

I will try to explain the process.

1. If your son was charged with the initial 4 counts of cultivation, he would have been arrested or turn himself in. He would have been "booked" and then brought before the judge for an arraignment. The judge would have read him each of the counts, and then told him the maximum penalties for each count. After that, the judge would have told him his constitutional rights, including his right to an attorney if he could not afford an attorney. Then the judge would have set a bond. A bond is set to ensure a person will come back to court. Many things are taken into account when a judge sets a bond, including but not limited to, any criminal history, age, work history, education, ties to the community, housing, danger to the community, and severity of the offense. Then, taking all of those items, and any other relevant items, the judge would have set a bond. From your post, it sounds like the judge set a "cash/surety" bond. That means that your son would have to come up with $70,000.00 or hire a bondsman to post the bond. However, your son would have to come up with $70,000 worth of assets to sign over to the bondsman. If your son didn't appear for court, the bondsman would keep the assets. Further, at the arraignment, your son would have entered a plea of guilty, not guilty or no contest. Most likely, he entered a not guilty plea.

2. If 2 more charges were added, he may have been arrested on those 2 charges and booked. That could have happened in the courtroom. After booking, he would have been arraigned on the additional charges and the judge would have set a bond on the 2 new charges. The process would be the same as in #1.

3. After the arraignment, if the case does not settle or get dismissed, the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial. If the judge decides that there is enough evidence, the prosecutor will file a document called “the Information.” Then, the defendant will be arraigned, a second time, on the Information. At that time, the defendant will enter a plea and proceed to trial. Before the trial:
  • The prosecution and the defense exchange information. This is called “discovery.” Defendants may be limited in what information they are able to see, but their lawyers usually are not. This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. This is why it is so important that a defendant charged with a misdemeanor or felony be represented by a lawyer.
  • Either side can file pretrial motions, including motions to set aside (cancel) the complaint, to dismiss the case, or to prevent evidence from being used at trial.
  • The defendant can change his or her plea to guilty or no contest.
  • The judge and lawyers from both sides may talk about how the case can be resolved without going to trial.

 

At all stages of the criminal proceedings, your son is PRESUMED INNOCENT UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT.

4. Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides). Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. But sometimes there may be circumstances where a defense attorney will recommend a court trial without a jury.

 

Again, everyone accused of a crime is legally presumed to be innocent until they are convicted, either by being proved guilty at a trial or by pleading guilty before trial. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. The defendant has the right to remain silent and that silence cannot be used against him or her.

 

So, based upon your post, there were things that went wrong. Your son's attorney will not call you back because the lawyer ONLY represents your son. There is an attorney/client confidentiality. The lawyer can only speak to you if your son gives him permission.

 

However, you may wish to go to the court in which the proceedings occurred and ask to look at the court file. Everything that happened in court will be included in the file. You will be able to tell if your son was arraigned, given his rights, including the right to an attorney, etc. Moreover, you can order a transcript of the proceedings in which all of the things in your post occurred. However, that can be quite costly because the court reporter must transcribe the proceedings and can charge per typed (transcribed) page.

 

If it is possible, your best bet (and least expensive) is to visit with your son if he is in jail. You can ask if all of the things in this answer occurred. If you were in the courtroom, you may have missed something that was said/done. That is easy to do, because things move very quickly at the arraignment stage.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.


Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

 

Customer: replied 1 year ago.

Ist, the DA would not call my son's attorney back. Not me.We posted bail. for the 1st charges (4) felony's


The second complaint was filed on the day before his court appearance of the 1st charges .Which was Friday.


Just so I understand. "It is very strange to make someone not convicted of a crime to sign up for probation before an actual trail or guilty plea? If he hadn't signed up for probation he would have been arrested and bail set at 20K for each charge.So, more money to get him out, and a nice weekend stay in jail.


This is not a customary action based on charges and no conviction.


It is my understanding that probation is set after you are convicted of a crime. Not before.


Is this the right way to look at this.


 


Thank you for your help

Expert:  xavierjd replied 1 year ago.
Hi,

I apologize for the delay. I was finishing assisting another customer.

You are correct. You do NOT sign up for probation until AFTER you have been convicted of a crime (either by plea or trial). However, there ARE exceptions.

The ONLY things that I can things of based on your posts, that would cause him to report to probation BEFORE he was convicted of a crime are these: He may have to report to probation to 1) ensure that he hasn't "jumped" bail--meaning left before the conclusion of the case and/or 2) report to probation to take a drug test so that the court can ensure that he is "clean" from any drugs or, 3) report to probation on a regular basis as a condition of his bond so that the court system can keep "a watchful eye" on him. Again, the judge may have set "conditions" on his bond. You can go to the court and look at his file to determine the conditions placed on his bond. Or, you may be able to speak to the probation officer (since you posted the bond) as to why he has to report BEFORE the case is resolved.

If he didn't show up to the probation department for reasons stated in the above paragraph, his bond could be revoked (meaining YOU lose the money/assets) and a new bond would be set at a MUCH higher amount. It could be set so high that you may not be able to even post the bond. If that is the case, your son would stay in jail until a resolution of the cases (either by plea or by trial).

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 6 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by putting my name in the subject line.

Thanks again,

xavierjd

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.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
xavierjd
xavierjd
838 Satisfied Customers
Over 20 yrs experience in prosecution and defense work