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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27072
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a son who has an history of simple possession of marijuana

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I have a son who has an history of simple possession of marijuana charges. He was driving his brother car at the time, but the car was parked. The area he was in is known for gang and drugs. He just taking his newborn to the doctor. Several officer surrounded the car. They asked him to get out car. They wanted to know why he was there. He told, them he girlfriend and newborn lived there. They searched him, nothing found. They asked to search car. He said, yes. Thinking nothing was in car. They found 2 grams of cocaine in car. He was arrested. This is point the arresting officer spoke with my other son who is owner of car. Explain to him that his brother did not know about the cocaine. The officer told my son if he comes to the area where they were he would let his brother go and arrest him. My question is I have a son sitting in County jail who is innocent. What can we do?

The best thing you can do for your son would be to try to bond him out if it is at all possible. If this car wasn't his, and if the drugs weren't located where he would have noticed them, he should fight these charges, especially as your other son has already confessed to the police that the drugs are his own.

If the police and the prosecutor believe your other son, then they should drop charges against this one. Make sure your son's lawyer knows that the brother has told the police who really owns the drugs. He may be able to work with those facts to get lower bail on your son or to get him released on his own recognizance.

If the lawyer won't return your calls, talk to the public defender's supervisor and tell him that you need your son's lawyer to call you back as you have informaton about the case that he may not have.

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