Criminal Law Questions? Ask a Criminal Lawyer.
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.
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.
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!