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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26814
Experience:  Active member of the NYS bar since 1989
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My question, my son was arrested Friday night in little rock

Customer Question

My question, my son was arrested Friday night in little rock arkansas. Dwi, meth was found in his truck, he spent the night in jail, was released the next morning, no bail was required? He has to be in court tomoro, tues,aug 2. Question is, do i have to find a lawyer in one day, or will they appoint one, or will they set a date for a hearing. He does not want to name anyone for the meth. Several people ride in his truck to work every day. He has had a dwi before but no drug charges. Works 60-70 hours a week. Can you give me any advice please. Judy
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.


If he is indigent -- generally at or below poverty level -- he can plead not guilty at his arraignment tomorrow and ask the court to appoint him a public defender. The judge will adjourn the case for another date, and his lawyer will be there in court on the next date.

If he makes too much money to be eligible for a free lawyer, he can plead not guilty tomorrow at his arraignment and then tell the judge that he needs a continuance to retain an attorney because he didn't get the time to look for one. The judge will grant him an adjournment.

The plea of not guilty will keep all of his rights open until he can get his lawyer and be advised about the particulars of his case.

Customer: replied 11 months ago.
Will he get charged for possession if they can't prove how it got in the truck n he plea not quilty?
Expert:  Zoey, JD replied 11 months ago.

He can be charged with possession under a theory of constructive possession. That is, even though they didn't find it on him, he was in his truck and so were the drugs. That would give the prosecutor the right to try to prove that he knew the drugs were there and could have taken custody and control of them at any time. If the prosecutor can prove that beyond a reasonable doubt, he can potentially be convicted of this charge.

Expert:  Zoey, JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.