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AttorneyTom, Lawyer
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My 16 yo son is now being charged with constructive possession

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My 16 yo son is now being charged with constructive possession of a small amt of marijuana. 3 questions-1. 1 kid originally confessed after being taken in and now the police are changing charges to constructive possession. Could this be fought?
2. Does he have to have a lawyer? 3. is it worth getting a private lawyer or is a PD sufficient?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I've spent the last several minutes reviewing and researching your question. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

In some instances, when constructive possession is alleged, defenses are available. The strength of the defense varies from one case to the next and the details of your son's situation will largely affect the strength of his defense. However, he should definitely have his attorney evaluate the details for possible defenses. For example, if he was in someone else's car and that person had drugs in the trunk, he could have a stronger defense than if the car was his or if the drugs were under his seat.

No. But he should. It's generally unwise for a layperson to handle his own legal representation because the law and procedure are both complex and few people understand them sufficiently to represent themselves.

There are many good public defenders and most are competent, as with most attorneys in general. That said, public defenders are overworked and they don't have as much time to dedicate to each individual case. As a result, an individual will often receive better and more attentive representation from a private attorney.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

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