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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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We live in Jefferson county... my son who is 19 recently got

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We live in Jefferson county... my son who is 19 recently got a ticket for drug paraphanelia he had some kind of one hit pipe on him. He went to court and they said they lowered the charges to a misdemeanor posession of marjuana charge. He has to go to a drug class and pay court costs.

The very next day he got another ticket for posession of a marjuana cigarette. He has a court date for later this month.

What is likely to happen with this second offense??? We have heard lots of stuff, like he will have a bigger fine and be forced into treatment , or he will have to serve 45 day automatically. We have insisted that he get some treatment in order to remain in our home and he is has a intake appt next week and will likely be in an intensive outpatient program. I am reluctant to hire him an attorney because I do not want to give him the impression that any kind of drug use is OK.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

As you have alluded to, this will likely be treated more harshly as a second offense. A first offense is considered a misdemeanor and is punishable by up to one year of incarceration and/or a $500 fine. A second offense is considered a felony and is punishable by up to five years of incarceration and/or a $10.000 fine.

 

Having said that, I would still suggest that incarceration is unlikely. Much like in his first offense, the penalties are likely to be rather light, perhaps some probation and fines. While I can completely understand your position as to not hiring an attorney, I would suggest that you may want to reconsider. If your son receives a second drug conviction, it could drastically effect his future as far as colleges and job opportunities.

 

If you decide to hire an attorney, you might begin with your state bar association. The Kentucky State Bar has a website, it is located at www.kybar.org.

 

The Louisville Bar Association has a similar site that will be more specific to your location. Their site is located at www.loubar.org.

 

Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.

 

Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.

 

Each of these resources will have a wealth of information as to attorneys in your area that handle such cases. I would suggest you check each site out and you will surely find a great number of attorneys that meet your son's needs. Pick a few to meet with in person so that you can thoroughly explain your son's situation and then retain the one that you feel can best represent his interests.

 

Please let me know if anything requires clarification.

 

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