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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23566
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was stopped maintaining single lane driving.

Customer Question

my son was stopped for not maintaining single lane driving. his car was searched and
drugparaphenelia and 35 ?? of mariana was found under the passenger seat. He had picked up a person he knew from sigth, stopped and offers a ride. not a friend just someone he had meet. the kid had put a glasses case under the passengerseat with this
this stuff in it.my son had no knowledge of this. he was charged with possesion, and the
traffic violation. He hired a lawyer on my advise, whom he only talked to on th phone twice no meeting ever accord. today wad arrangement day. no papers to that affect, where delivered at our house. per phone conversation with attorney he did not need too appear.
than he receives a phone conversation from the attorney. the offer is " plead guilty"
we will reduce the charge to non traffic violation, reduce the Marianas stuff, to
paraphernalia only. you do 10 day' community service and two years probation, and
everything will go away, just pay the traffic ticket . the attorney claims ,she did not receive the charges until yesterday afternoon. I need help for my son? i will not allow him to plead guilty for something he did not due or knew about.but he was told if he went to trial and was convicted he would do 2 years in jail and it would allway's be on his record > What can we do? do we have any options, how can they prove that this was his junk.he has been search I wish I had kept truck of it, never was anything found
but he is biracial or mexican , and gets pulled over many many times he is 36 years
old and has allready had a heart attack, he has diabetes, he has asthma, he is overweigh had 3 shoulder surgeries with in a yeat and a half, and lives with me. he does
not do drugs he drinks two or three times a year, he is allways the designated driver
Please can somebody help me, help my child.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.
Hello, The criminal justice system offers all defendants only two actual options: fight the case all the way to trial OR accept a plea agreement. If your son chooses to fight the case, he'll be able to see all of the discovery (police reports, etc) relating to the case and to challenge the evidence against him at hearings and eventually at trial. He would be able to challenge the stop if he was racially profiled and the search if the police exceeded their authority.That's all part of the trial process. That said, if your son loses his trial, he would do at least some jail, and it is your son's lawyer's responsibility to tell him how much jail time he could be sentenced to upon conviction. He's done that, and that is his professional obligation. Your son needs to know the worst case scenario and it could be malpractice if his lawyer failed to tell him. The lawyer is also obligated to convey any offer to your son that the prosecutor conveys. If your son wishes a guarantee that he will stay out of jail, he's got it now, with the offer the lawyer conveyed. If he doesn't like the offer, your son can ask his lawyer to negotiate one he likes better. If he doesn't want any offer and is willing to risk up to two years of jail to clear his name, that is your son's choice and not his lawyer's. His lawyer is professionally required to convey the offer, to let your son know if it's a good or bad offer, and to give his opinion on the strengths and weaknesses of your son's case so that your son can make an intelligent decision on how he wants to proceed. Once your son makes that decision, however, even if his lawyer thinks another decision would be better, the lawyer is obligated to mount the best defense for his client of which he is capable. To recap -- your son's lawyer doesn't care if your son takes a plea or wants a trial. He's required, however to tell your son everything he needs to know so that your son can make his own decision. The fact that the contraband was found under the passenger seat is in your son's favor. However, the car was your son's, and if a jury believed beyond a reasonable doubt that he put it there himself, they could convict. How could they prove it? I can't tell what the discovery would show. Did the police take fingerprints of the glass case, for example, and would your son's be on it? Is the officer going to claim that as he approached the car he saw your son stuff something under the passenger seat? These are just two possibilities that the state might utilize to prove the drugs were your son's.