Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. I certainly understand the situation and your concern. It is not a good idea to do that, since the case is still pending and if you did this, it could have a negative effect on his ability to fight this or take a plea deal. If he does not have money to retain private counsel, he can apply for the public defender. They can represent him and when they do, will make a demand for discovery. The DA will turn over all the evidence which they have and will use at trial and it can be determined if he has any basis to fight this. If not, then his attorney will work out a plea deal. The goal would be to convince the DA that this was for personal use and that he was not going to sell. The biggest question that they may have is why he was the one who had to bring them in and why his frat brothers did not carry it on their own. If he can do that, they MAY consider offering him a diversion type plan through a drug court, if it is set up, which may allow this to be dismissed. The substance which was in his possession, is a felony, so they could not likely just reduce it to a misdemeanor, unless there is a legal basis to support it. If and when the time comes for a sentence to be imposed, it would by then that you can submit a letter to the court, asking for leniency on his behalf.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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!