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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My son is 19 and has two previous marijuana charges that were

Resolved Question:

My son is 19 and has two previous marijuana charges that were originally class 6 felonies that were reduced. He just finished probation and paid the fines. Yesterday he was in his open bed truck with a friend driving and four other friends in the car. The driver was totally sober and drug free. The police put him through the drunk tests and found him to be sober. Then the police said they were going to do a "frisk the car" to look for guns, because "they did not want to be shot." They proceeded to search the car for an hour. There was a bag in the open bed that was not my son's. They asked who's bag it was and were told by my son's girlfriend that it as another friend's bag that was not present. The police said they found drug paraphernalia in the bag and arrested my son. He never admitted that it was his, nor did anyone else. Can you tell me is this also a class 6 felony and what should he do?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.



it can be charged as a felony or a misdemeanor at the discretion of the prosecutor. so with his criminal history i would venture to say they will go for the felony. the penalty is 6 months to 1 1/2 years in jail.


if there is nothing in the bag that identifies it as your son's, then it may be possible to have the matter tossed out - so he will want to have an attorney represent him. if he cannot afford an attorney, he can request the Public Defender to assist him



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