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Cedric, Attorney
Category: Legal
Satisfied Customers: 2899
Experience:  Lawyer with several years of litigation experience in civil and criminal law.
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my son was arrested 2 mos ago for possession of 2 xanax, he

Resolved Question:

my son was arrested 2 mos ago for possession of 2 xanax, he is 20 yrs old and his first offense, we hired an attorney yet the attorney doesn't communicate with us well, my I appealed to have my son move to Texas to work with my brother in law to get out of that bad crow, he is schedule to leave tomorrow morning however he just got notice that he will be arraigned in Orange County fl may 4, Tue. My attorney cannot be reached... does my son have to be there or can my attorney appeal at his arraignment in his stead in such short notice?
Submitted: 6 years ago.
Category: Legal
Expert:  Cedric replied 6 years ago.
Since it is a misdemeanor offense, he does not have to appear at his own arraignment under 997 of the California Penal Code, and the attorney can plead not guilty on his behalf.

Also, your son is eligible for deferment under Penal Code 1000, and would only need to complete a short course and have his case dismissed so long as he stays out of trouble for the 3 year probationary period.

Also, I was a public defender in Orange County, and if you hired a private attorney who isn't communicating well with you, I would recommend dropping him in favor of the public defender, as the vast majority of public defenders in Orange County are more competent than their private criminal defense attorney counterparts.
Customer: replied 6 years ago.
This is Florida, Oramnge county
its a felony charge for xanax and misdemeanor for pot..
please advise
Expert:  Cedric replied 6 years ago.
Sorry about the misunderstanding. If he still had a valid prescription prior to the date of his arrest that would be an absolute defense. However, he should still be present at his arraignment if he is facing felony charges for possession of a controlled substance without a prescription.
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