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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23147
Experience:  Active member of the NYS bar since 1989
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I have a son that got charged with simple Possesion of a few

Customer Question

I have a son that got charged with simple Possesion of a few joints & pipe.. He was going thru the family drug program in Richland county sc , he kept testing positive for pot so they put him in a rehab for 30 days.. He comes home goes back to the program , does good for several weeks with negative drug test done thru the drug program, then he test positive again .. The judge puts him in DJJ for a week.. He does good again for several more weeks negative test.. Now he has found his worthless friends again and will test positive again.. His answer is I would rather have it on my record and serve the time for simple Possesion .. I travel weekly out of town so my wife has been taking him everymonday to see the judge at 6 pm.. My question now is what's the charge he can get if he gets kicked out of program, which is sure to happen !! He will be 18 in December !! What to do here??
Submitted: 4 months ago.
Category: Legal
Expert:  Zoey, JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 4 months ago.
Putting him in the djj system is not going to do anything but put him around worse people & he has a good job now
Expert:  Zoey, JD replied 4 months ago.

I understand that. Unfortunately, however, it is not your choice to make. It is your son's. All anyone can attempt to do is to educate him about what he is risking if he drops out of of the program, and that's a drug and paraphernalia conviction on his record.

Criminal convictions have lifetime consequences, and a conviction can get in the way of your son's personal and professional success. One day, he'll probably end up kicking himself for being so cavalier about his record. But nobody can force him to complete a program if he'd rather do the time. All they can do, unfortunately, is to tell him how unwise he's being and hope he gets the message.

Customer: replied 4 months ago.
I actually hired a lawyer for this situation , but he's so busy it's hard to get him .. This program was a good suggestion so he would not have it on his record.. But it's not working & although it's a crime it was a very small amount!! But this program is not working for the whole family here.. Stressing me and my wife out totally.. What is the max time he would serve for dropping out of program? He has been in program for 6 months already
Customer: replied 4 months ago.
Can you answer my last question??
Expert:  Zoey, JD replied 4 months ago.

On a first offense, a marijuana possession of less than an ounce of marijuana in SC has a maximum possible penalty of 30 days in jail. The paraphernalia charge wouldn't add any more time as it's a civil offense.

Customer: replied 4 months ago.
Can this judge charge him with more time because he drops out of program.. She's pretty hard to deal with!! ???
Expert:  Zoey, JD replied 4 months ago.

The judge cannot sentence him to more time than what the law would allow for the crime. The statute says a first marijuana offense of less than an ounce maxes out at 30 days. So that's the most she can give him.

On a second marijuana offense, even with a small amount, he risks a year in jail. That's another reason his decision not to complete the program and work for the dismissal is not a good one. But again, all anyone can do is tell him about this. From there, the final decision is his.

Customer: replied 4 months ago.
We have talked to him daily!! Loose sleep over it until I can't take no more .. Unfortunately he will learn the hard way !! There is nothing more I can do !! I have took everything away over and over !! He obviously will not understand what he has put us through until he gets older!!!!
Expert:  Zoey, JD replied 4 months ago.

Yes, it is most unfortunate.

If he gets a conviction for a drug offense, South Carolina will no expunge that conviction from his record down the road, unless the law changes. I'm sure your son's lawyer will be telling him that and also mentioning the same things you are.

Hopefully it will sink in that a criminal conviction is not a badge of honor. Sometimes, however, we just have to let the people we love make their own mistakes.

I wish you the best during a very tough time for you.

Customer: replied 4 months ago.
Now my wife is telling me that the judge can put him in jail until the family court date comes up , she was told this by his counselor?? So she could make this 30 days turn into months in jail if she chooses??
Expert:  Zoey, JD replied 4 months ago.

He's a juvenile, so, yes, the state can step in and remove him from his home and detain him until his family court date.

Customer: replied 4 months ago.
He's actually 17 when this happened and will be 18 in December.. In sc you are legally an adult at 17 correct?? Not a juvenile?? Just wondering??
Expert:  Zoey, JD replied 4 months ago.

You are correct. In South Carolina, a crime that is committed by a defendant 17 or older would be an adult court matter and the juvenile justice system would not have jurisdiction over the matter.

Expert:  Zoey, JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.