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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 267
Experience:  Managing Attorney at a Law Firm
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GM, my daughter is a 2nd yr college student in Valdosta who

Customer Question

GM, my daughter is a 2nd yr college student in Valdosta who took a ride from a classmate and other students to the store. the car was pulled over for an illegal lane change. when searched they found a small amount of weed. no one confessed and they all were charged with possession. it was not my daughters. her court date is next month. I need to make sure this does not go on her record or jeopardize her school
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: GA
JA: Has anything been filed or reported?
Customer: she has a court date. nothing has been filed to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: she was afraid to tell me so im just finding out this morning
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 1 month ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!

Customer: replied 1 month ago.
I understand thank you
Expert:  Nisha Jones, Esq. replied 1 month ago.

The good news is that since this is your daughter's first offense, she's eligible for a pre-trial diversion program. This is a program for first time offenders only, and while the requirements of diversion programs vary from state to state, they generally consist of rehabilitative classes, community service, a fine, or some combination of the above. Then once she successfully completes the requirements of the the charges against her will be dismissed.

That being said, the prosecutor will still have to prove the case against her. My recommendation is to hire a local defense attorney right away, having an attorney working on your behalf can make the world of difference in your case, and help ensure your case gets handled properly. Many attorneys will even accept some form of a payment plan, or if you qualify the court will give her a (free) court appointed public defender.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 1 month ago.

I also want to explain to you a little bit about Georgia possession laws-- there's something called constructive joint possession-- and this is the legal basis under which your daughter was arrested.

Basically it means that she was constructively in possession of it, ie. she knew it was somewhere in the vehicle, and intended to exercise possession over it (smoke it, etc.) in the future. Joint meaning that there were multiple people there and while it was not in one particular person's actual physical possession, they all had that constructive intent. This is a tactic officers often use when finding marijuana in a car with multiple people, that's not actually in one person's physical bodily possession; the officers then arrest and charge everyone.

As I explained earlier, I think it's in your daughter's best interest to have an attorney represent her to ensure she gets into a diversion program, once she successfully completes the program, the charges will be dismissed. (A public defender is also very qualified to handle her case, if you get appointed one by the court).

*Also, if your daughter is not a marijuana user, and was just in the company of these friends, a very valid defense she may have is submitting to a court administered drug test. This will show that she's not a marijuana user, and help destroy the accusation that she was in constructive, ie. that she did NOT intend to use it in the future.

Again, I hope that helps! Please kindly take a moment to rate me using the stars as this is the only way the website compensates me for my time. Thanks so much, and please let me know if you have any other questions.

Expert:  Nisha Jones, Esq. replied 1 month ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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