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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11778
Experience:  Licensed Texas General Practice Attorney
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my nephew was in a car and police stoped them and cited the

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my nephew was in a car and police stoped them and cited the driver/owner of the car for possession of pot. what are the charges the driver will get? and is my nephew who is 16 will be affected in any way or shape. And yes all three smoked. but police told my nephew he is ok . and no name will go on the record.
if the driver is charged can he go to court and say my nephew provided the pot. (he is the one that purchased it)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

thank you

ScottyMacEsq :

Marijuana in a Vehicle: Drivers found in possession of less than one ounce of marijuana in their vehicle are liable for a maximum $100 misdemeanor fine under Vehicle Code 23222 (larger amounts are punishable under H&SC 11357(a) and 11359).

ScottyMacEsq :

Larger amounts can be up to $500 and the possibility of a little time in jail (although most of the time it does not amount to any jail time),

ScottyMacEsq :

As to whether he can "point the finger" at your nephew, sure, he can, but that doesn't mean that the charges will also stick to your nephew.

Customer:

ok. if for any reason the driver's parents go to court to clear his misdemeanor, and the driver says that my nephew provided the pot and didn't belong to him. can my nephew be in trouble then?

ScottyMacEsq :

Only if the prosecution had reasonable cause to believe that your nephew committed a crime would they charge him...

ScottyMacEsq :

But the fact that this has not yet happened is instructive.

ScottyMacEsq :

(in that there would be no evidence other than the obviously biased testimony of the driver that it was not his)

Customer:

but the kids decided to smoke and told my nephew to provide since he knew someone to get it from.

Customer:

can the police follow up with that and try to prove and get him in trouble?

ScottyMacEsq :

They could, but again, without any additional evidence, the testimony of someone already charged with this is not very reliable. The police are only going to pursue it if they have probable cause to believe that he was the one culpable.

ScottyMacEsq :

And even in that regard, the crime is possession of marijuana, not the purchase.

ScottyMacEsq :

So it's sort of meaningless who actually purchased it, but rather it more important who possessed it and was charged with that.

Customer:

I see

Customer:

oh ok. I hope so. he has lived with us and this is the first time and scared the hell out of us. crazy teens

ScottyMacEsq :

No question, and I hope it help "scares him straight..."

Customer:

I don't know how to deal with the other parents as they might blame my nephew where I thinks they are all guilty of being stupid including my nephew.

ScottyMacEsq :

I understand. It's unlikely that the police or prosecutor will do anything different, even if the parents get involved, because the police did not do anything then. There would likely be no new compelling evidence, so that probably is nothing to worry about.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

at this point no.and u were very helpful. I will rate u 5.

ScottyMacEsq :

Thank you, XXXXX XXXXX good luck to you!

Customer:

but if I have any question in a little while, do I have to pay another$38. and how can I get a hold of u, in case i missed something

ScottyMacEsq :

If it's in the same scope as the original question, you can just come here and ask the follow up question. If it's a new question, you can start a new question "To ScottyMacEsq" and it should get to me.

ScottyMacEsq :

(a follow up question does not require a new payment)

Customer:

is the driver will have a misdemenor in his record and does it clear on his own from his record

ScottyMacEsq :

Yes, he will have a misdemeanor, and it should clear after 5 years (depending on the charge).

Customer:

thank u for u time

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11778
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 9 other Criminal Law Specialists are ready to help you

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