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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 26380
Experience:  10+ years defending Misdemeanor and Felony cases.
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My nephew a 20 yr old college student went to a rave public

Customer Question

My nephew a 20 yr old college student went to a rave public event New Years and was arrested for intent to sell for carrying 14 ecstasy pills taped to his leg. They were for him and five of his frat brothers. He volunteered to be one take in pills and now may have a felony if convicted. First time my nephew has ever been in trouble. He is a good kid, one year left to obtain his degree in astrophysics. I'm scared for his future. I want to write letter to district attorney to say what a good kid he is and explain he was not selling, he was in possession only and if they can lesson his felony to misdemeanor? We do not have money for an attorney. Your thoughts? Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

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.

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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!