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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11326
Experience:  Licensed Texas General Practice Attorney
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my son was stopped in kenner louisiana and charged with possesion

Resolved Question:

my son was stopped in kenner louisiana and charged with possesion of less than 1 gram of marijuna and improper turn. he said he was never given his miranda rights and the officer kept asking hin questions. what should i do?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What were the questions that were being asked, and what did your son say in response?>

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

Customer:

i haven t recieved any answers. my son was asked whose poat it was.and if he was trying to sell it. he said it was a freinds and he was not going to sell it

ScottyMacEsq :

Do you mean you have not received any answers from me? Or from your son or the police? (I haven't answered because I was waiting for more information from you, if that is what you meant by that...)

ScottyMacEsq :

Has he been charged with possession / intent to sell / etc...?

ScottyMacEsq :

And has he been arraigned yet?

Customer:

no sir not arraigned yet 17th for arraign it is a misdemeanor charge because it shrt of being a gram

ScottyMacEsq :

Thank you. First of all, possession (regardless of whether he was holding it for a friend or intent to use / distribute / etc...) is in and of itself a crime. Assuming that there was a valid reason to stop (the improper turn) and the marijuana was found subsequent to that, even if he did not say a word, the mere possession of marijuana would be enough to convict on that regard. The failure to advise him of his Mirana rights would not make the arrest or charges void or invalid, but rather would only have the effect of getting any statements or confessions made before any Mirana warning given, if any, thrown out.

ScottyMacEsq :

For instance...

ScottyMacEsq :

You almost never see police officers give individuals Miranda warnings in a DUI stop. The reason is that the blood alcohol content is not a "statement" or "confession", and it can support a conviction.

ScottyMacEsq :

The Miranda rights advise someone of their "right to remain silent". Anything that they say can be used against them, etc...

ScottyMacEsq :

And if this is not given, anything that they say can be excluded. But assuming the police are not using his statements, but rather the fact that he had possession, that would support a conviction, because the mere possession of marijuana is itself a crime.

ScottyMacEsq :

that being said, this upcoming hearing is most likely an arraignment. In an arraignment, the judge is going to ask your son how he pleads. Your son will have the option of pleading guilty, not guilty, or no contest. I like say that pleading guilty or no contest is like paying full price for a new car. he can do that, but he would get a much better deal if he holds out. So I would suggest that he plead not guilty, and try to work something out with the prosecutor to get the charge reduced.

Customer:

do you know if a misdemeanor charge would stay on his record he is currently in college

ScottyMacEsq :

That being said, you should contact an attorney in the area that deals with drug possession cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next. this is especially important if your son does not have a record currently.

ScottyMacEsq :

It would stay on the record unless it gets expunged.

ScottyMacEsq :

One moment...

Customer:

thanks for yor help

ScottyMacEsq :

In Louisiana, adult arrest and conviction records for an arrest that resulted in a conviction usually can not be expunged. A "conviction" exists if you pled guilty or were found guilty. A "no contest" plea is a "conviction." There are a few exceptions. You may be able to get a conviction expunged if:


1. You were specifically placed on probation under Article 893 or 894 of the Louisiana Code of Criminal Procedure, successfully satisfied your probation and had the sentence vacated.


2. You had a federal conviction for simple drug possession and you were under 21 years old at the time.

ScottyMacEsq :

having an attorney might make getting such probation or some other pretrial diversion more likely, to keep this off of his record.

ScottyMacEsq :

I meet many individuals who want to get their record expunged after the fact, which is much more difficult than trying to avoid the record in the first place. That's why if I were him I would plead not guilty and try to work out something with prosecutor that could help me avoid that record in the first place.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11326
Experience: Licensed Texas General Practice Attorney
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