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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 23 year old son was a passenger in a car driven by a 20

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My 23 year old son was a passenger in a car driven by a 20 some year old girl. The car was pulled over and he was arrested for possession of cocaine and two other controlled substances (meds of some kinds). He recently went to court and was sentenced and has 18 months probation. The girl (seriously a psycho type) is telling him that her wealthy parents are going to hire a lawyer so that she can take the rap for the possession. She is trying to hold on to him. My question: Can an attorney have his sentenced overturned if she comes forward and says "I did it"?. Doesn't seem possible and I am trying to convince my son to just stick with this tough Florida probation program and tough it out. This psycho girl has him convinced that if he stays with her, she will take the rap for him. Help!!

Hi

You are correct. It is too late really for her to come forward. If she was going to do that, then she should have done it before he took the rap for it.

It would be very difficult to get a DA to even listen to someone on such an issue. The DA has moved on to other issues. And will not revisit this one unless it is absolute proof that the girl was the possessor.

Which wont matter because he can still be charged with "constructive possession"

Either way, I have to agree with you - not likely and he would be on probation anyway.

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Customer: replied 4 years ago.

So what you are saying is that he would be on probation whether she came forward or not.

Hi

More than likely - they can charge him with constructive possession just for being in the car with it.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you

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