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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30365
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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The charge of theft is still in the court system. Has not

Resolved Question:

The charge of theft is still in the court system. Has not been resolved. Recently this same son went to school at WITCC. He was charged with smoking pot in the dorm and kicked out of the dorm. He is now back home, looking for work and registering for school closer to home. He has asked for a court appointed lawyer because we said we would not hire another one for him. Two questions: Should he tell the lawyer working on his theft charge about this new charge? Both charges happened in two different counties int the state of Iowa. All charges happened over a year ago except this last one. He is also on probation for the first charge of possession of pot and paraphernalia that happened in July of 2009. This is his second charge of marijuana and third charge of paraphernalia. What is the worst and best case scenario.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 6 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

His lawyer may be better able to assist him if he's aware of the other pending charges - it could have an impact, for example, when negotiating a plea bargain or making other tactical decisions.

If he's on probation, the judge could decide to revoke his probation and require him to complete the time remaining on the original charge. They can actually revoke his probation whether he's convicted on the new charges or not, because the standard of proof is lower at probation hearings than a criminal trial. He might also have to do time on the new charges. Possession of marijuana, for a second offense, is an aggravated misdemeanor, punishable by up to one year imprisonment and a fine of $315-$1,875. Possession of paraphernalia is a simple misdemeanor, punishable by a fine of $65-$625 and up to 30 days imprisonment.

It is possible that, if he is willing to plead guilty to the possession, they'll drop the paraphernalia charge. Otherwise, he may be able to negotiate a fine on that charge instead of imprisonment. However, he'll probably have to do at least a few days on either the possession charge or the probation violation.
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