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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23975
Experience:  9+ years defending Misdemeanor and Felony cases.
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18 year old male arrested charged with: HS 11359 HS 11360A

Customer Question

18 year old male arrested charged with:
HS 11359 HS 11360A HS11391
DA finally charged him with 11359 and 1160A (both felonies)
He has never been in trouble before, he is a full time student in college.
Would this most likely be reduced???
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. I certainly understand the situation and your concern. There needs to be a legal basis for it to be reduced and I am inclined to believe that the amount/weight of the marijuana and what they allege he intended to do with it, are the basis for this being charged as a felony. As such, the DA is not just going to reduce or amend the charge, unless his attorney has a legal basis to support it. If the attorney does not and he has no legal defenses to raise, then a plea deal will likely need to be taken. Seeing how he is a first time offender and a student, the DA may be inclined to offer him a probationary sentence. He can probable avoid jail, depending on the facts and if so, probation is a likely sentence. it is important to be aware, that the DA will not just reduce a charge because it is someones first offense.

Customer: replied 1 year ago.
The amount of marijuana was listed as 10oz or less. My kid says its more like 4oz. although he did have some edibles as well.
Expert:  CrimDefense replied 1 year ago.

The attorney can ask for the evidence to be weighed again. There is a big difference between 10 and 4 oz, so the attorney needs to find out how the police weighed it. If it was improper, then there could be a basis to amend the charge.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!