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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16396
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My 20 year old son was with 3 others about his same age. One

Customer Question

My 20 year old son was with 3 others about his same age. One of the other 3 brought marijuana and a blunt. They all consumed it. A Mesa police officer came up and asked if they had anything. The other three said no but my son said yes and showed him where they had thrown the blunt. The other three got nothing but my son got a citation for 13-3415A. What should he expect when he goes to court. He has not been in trouble before with the law except when he was 15 he was found high (his first time) and was taken to the Gilbert jail where we were called and went and got him. He did TASC and classes and has been clean since.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: As to what? He has a ticket and his court date is Oct. 25th
JA: The lawyer is ready to answer your question. Is there anything else you want him to know?
Customer: Yes his older brother passed away suddenly the end of January and he was close to him. He has been kind of lost since then but he has been called to serve a 2 year mission for our church and was to leave on November 16th. That has now been pushed back to Jan 4, 2017 so he can take care of this.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 2 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, the violation of Arizona Statue 13-3414 (A) is a class 6 felony which is punishable by up to 1 year in prison or 2 years in some aggravated cases upon conviction, so the only option would be to consult and retain an experienced local criminal defense attorney, who can fight for your son's freedom and legal rights in the pending criminal case.

Here is the link to the actual law for your review:

http://law.justia.com/codes/arizona/2011/title13/section13-3415

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

Customer: replied 2 months ago.
It is a felony if the ticket is issued on county or state land but if it was issued within a city boundary and by a city police officer which this one was then it is a misdemeanor. I already looked this up and read this much. I just want to know any advice you could give us but that is OK. I think I just wasted $47. Thanks anyway. Hope you have a great evening.
Expert:  Alex J. Esq. replied 2 months ago.

Thank you for your follow up.

We do not provide any legal advice, as this service for education purposes only.

Can you please provide me with the source that make you believe that your son was charged with a misdemeanor and not a class 6 felony?

Customer: replied 2 months ago.
By looking in the State ARS laws and following the information
Expert:  Alex J. Esq. replied 2 months ago.

Tnank you for your follow up.

Unfortunately the state criminal statues apply equally regardless whether the crime is charged on state property or city property and given the seriousness of the crime and the fact that someone who alread had completed TASC will not be eligible for TASC program again and the prosecutors generally tend to prosecute repeat drug offenders to the full extent of the law, it is essential to hire an experienced local criminal defense attorney to represent your son in his pending criminal case and if your son cannot afford a private attorney, then it is possible to plead not guilty at the arraignment (the first court date) and ask the court to appoint a public defender free of charge.

In any case, it is a serious crime punishable by up to 1 year in prison and a heavy fines upon conviction, so it is not something that can be handled without legal representation.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 2 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.