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 S. Huband, Esq. Your Own Question

S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 993
Experience:  Experienced and knowledgeable criminal defense attorney.
Type Your Criminal Law Question Here...
S. Huband, Esq. is online now
A new question is answered every 9 seconds

My 19 yr old son has an arraignment for marijuana possession,

Resolved Question:

My 19 yr old son has an arraignment for marijuana possession, from what I understand, a very small amount. This would be a first offense, he is employed and goes to college, basically a good kid who did a dumb thing. He has random drug tests at work and has never tested positive. We live in WA state. What should I expect? Some people have told us it could mean a license revoked and 24 hr stay in jail, this seems a little harsh, is that true?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 8 months ago.
Thank you for the opportunity to assist you.

Q) What should I expect?

Arraignment is part of the 6th amendment right to notice of the charges against the accused. The judge will briefly tell your son his charge, will inquire about whether or not he plans to hire an attorney or whether he wants the court to consider appointing an attorney, and will set a trial date. If you do not know a criminal defense attorney, try the Washington State Bar attorney referral service. They can point you in the right direction.

Possession of marijuana is controlled by Washington Code 69.50.4014. So long as the amount of marijuana is less than 40 grams (which is about 1.4 ounces), the punishment is a misdemeanor.

A violation of this code section DOES require a minimum jail sentence of 24 hours and up to 90 days with a minimum fine of $250.00 to a maximum fine of $1,000.00. The jail sentence can be suspended by the judge if the jail is overcrowded or if a jail sentence would be a health risk for the accused.

As for the driver's license issue, that's a 1 year suspended license, but the person can go back to court after 90 days and request that the license be reinstated. Your son may be able to request a restricted license to drive to work, school, medical appointments, etc.

Finally, tell your son to ask his attorney whether he can participate in a first offender program, a drug court program, a pre-trial diversion program, etc. Those are alternatives to the traditional "get a conviction and go to jail" routine. Some programs involve drug counseling, community service, staying out of trouble and off drugs, paying your court costs, etc. The end goal should be to have the charge dismissed and expunged (removed) from your son's criminal history, if possible.

I hope I have been helpful to you. If you have additional concerns, please let me know. 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 8 months ago.
Thank you! My husband & son are showing up alone, we have not hired an attorney. Will this just be informative? They won't put him in jail on site?
Expert:  S. Huband, Esq. replied 8 months ago.
Thanks for the update. I'm glad I've been helpful so far.

Q) Will this just be informative? They won't put him in jail on site?

Years ago I made the mistake of telling a client that he would not go to jail at his upcoming court date. Whoops! You can imagine what happened.

So, I cannot guarantee that your son will NOT go to jail on his next court date, but I seriously doubt it since it's only an arraignment. Generally, an arraignment is a "quick and dirty" 30 second hearing where a trial is scheduled. You could hire a local attorney who is familiar with this particular judge or court's practices to give you more specific guidance on this issue.

Thanks again for the opportunity to assist you. I wish you and your son the best with this case. Please ask for me in the future if you need additional assistance.

Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 993
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 4 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 8 months ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely XXXX XXX matter(s) we discussed turn out well for you.

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

Take care,
Shuband

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.