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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1138
Experience:  Experienced and knowledgeable criminal defense attorney.
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My son was traveling through the state of Alabama from Georgia

Resolved Question:

My son was traveling through the state of Alabama from Georgia last month on his way to Florida. He got stopped for crossing the white line. As he was talking to the police officer, the officer smelled marijuana and my son admitted he had some on him. It was about a 1/4 oz. The officer was nice enough to arrange for a bail bonds man right away. My son paid the bail bonds man so he didn't have to spend the night in jail. The man took him to a local hotel and then picked him up early the next morning so her could get his car out of impound. The ticket says that he has to pay the state of Alabama $2,000 and appear in court to answer the charge of POM II. This is my son's first offense. The court date is tomorrow and my son has failed to secure an a lawyer. What should he do and what charges is he going to be facing? Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you.

Q) What should he do and what charges is he going to be facing?

POM II likely stands for "possession of marijuana in the second degree." This is a class "A" misdemeanor in Alabama, which means a maximum punishment of 12 months in jail and/or a fine, or a combination of the two.

Since the crime if convicted carries possible jail time, your son is entitled to an attorney if he cannot afford one and he qualifies financially. Of course he can hire an attorney of his choosing as well. It's always a good idea to have an attorney, I think, because that person knows the rules of evidence and other possbile legal defenses that could be used before or during trial.

If this is your son's first court appearance, his hearing is likely an arraignment. An arraignment is the formal process of a judge informing the accused (your son) of the charge(s) against him. The judge will also ask about whether your son will hire an attorney or wants one to be appointed.

The judge might ask him to enter a plea. Your son should answer "not guilty" so that he preserves all his rights to have an attorney and a trial, if he wants one down the road. Even if your son ulrtimately worked out a plea agreement or entered a diversion program, he still should plead "not guilty" now.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
Customer: replied 1 year ago.

Thank you for helping with my son's dilemma. He was thinking of pleading guilt until I showed him this.

Expert:  S. Huband, Esq. replied 1 year ago.
I'm very glad to have been helpful. Your son might ultimately plead guilty, but he should talk to an attorney first, in my view.

Take care and best wishes,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1138
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello,

I was notified that you rated the answer I gave positively and that you generously applied a bonus payment for my efforts. Thank you so much. I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Again, thank you very much for the opportunity to assist you.

Take care,
Shuband

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