Drug Crimes, Substance Abuse Drug Paraphanalia -a felony?

[mlacey]

Recently my son was arrested fro drug paraphanlia. He also had a small amount of marijuana in the car and meth. The meth was not his, but both the marijuana and meth charges were thrown out. All he is awaiting now is sentencing for the paraphalia. He will probably get 24 months probation. The question I have is this, they said it was his second "strike", was therefore not a misdeamonr but a Class 6 Felony. He had been caught with paraphanlia seven years ago.

Also, when rights are read, one portion says, "if you cannot afford an attorney, one will be appointed to you". He was told he would have to pay the public defender $650.00. He only saw the public defender for five minutes, for one thing, but if you can't afford to pay, how do they charge you?

 

[cmlzip]

I'm interested in having these questions answered as well. Sounds interesting.

 

[iwannahelpu]

heya mlacey

Questions: How old is your son? If you are still his legal guardian, I'm guessing the courts could hold you financially responsible for the fees.The bill seems appropriate, most lawyers in these sort of cases charge a minimum amount and $650 seems relatively cheap. Please let me know what has transpired since your last submission.

 

[Michael Wechsler]

Recently my son was arrested fro drug paraphanlia. He also had a small amount of marijuana in the car and meth. The meth was not his, but both the marijuana and meth charges were thrown out. All he is awaiting now is sentencing for the paraphalia. He will probably get 24 months probation. The question I have is this, they said it was his second "strike", was therefore not a misdeamonr but a Class 6 Felony. He had been caught with paraphanlia seven years ago.

Also, when rights are read, one portion says, "if you cannot afford an attorney, one will be appointed to you". He was told he would have to pay the public defender $650.00. He only saw the public defender for five minutes, for one thing, but if you can't afford to pay, how do they charge you?

(1) It is possible for a second charge within a period of time to increase the punishment for a crime. I don't know the state but it is not uncommon.

(2) I'm guessing that since your son is still your responsibility, it is your adequate financial condition that is being addressed with regard to the cost for paying the public defender. Chances are it's less than it would cost for another attorney and hiring your own is up to you.

Good luck to you and most especially your son. I hope that he realizes that many states have "three strikes" laws where punishment for recidivism is significant.