Drug Crimes, Substance Abuse dwai drugs

[neviem]

My son, who is 20, was stopped in a road block on November 27, 2009 in the late evening or early morning of the 28th. The officer smelled marijuana and gave him a SFST, which he failed, and searched the car and found a piece of a marijuana cigarette. He was arrested and brought to the local hospital for a blood test. This is his first offense. He has been to court 3 times and got a Public Defender. The Public Defender only meets with him for a few minutes before court which has concerned me. The first time he went to court he asked for a speedy trial and was denied. The last time he went to court, in February, he asked for a speedy trial again but the Public Defender suggested that he just wait. The blood test had not come back at that point. He goes back to court on March 22 and it will be 115 days since arrest. We had a meeting with another lawyer who asked if he had actually consented to the postponement and my son said that he hadn't. The lawyer also suggested that there might have been some things done wrong at the road block. I can't afford this other lawyer, who led me to believe that he could either get my son a plea to a lesser charge or totally off. I would like to know what to do for my son, who does admit to being a recreational marijuana user. This time I will be able to go to court with him. I would like to know what to do about the Public Defender who seems to think that his defense of my son just means that he show up for court. By the way, the original Public Defender has retired or left the system and my son will be defended by a new Public Defender who we have been trying to get in touch with but haven't gotten a call back. I would appreciate any suggestions, advice or knowledge on how to proceed, Thank you.

 

[sexysadie]

What was he charged with? Posession of marijuana or some kind of DWI? When you claim that he wants a speedy trial, you realize that in order to get a TRIAL you must plead NOT GUILTY. Is your son planning on pleading NOT GUILTY when pot was found in the car? What is his defense for the evidence? I dont see a defense. He was found with pot, and the blood test will assuredly come back positive for THC.

Soo...your public defender was probably wise to recommend he WAIT for his court date, talk to the DA, and see if he can get offered a lesser charge. A jury trial will probably find him guilty, and who knows what his punishment will be.

Most likely the outcome will be DWI, no posession.

 

[sexysadie]

By the way, the smell of marijuana is reasonable cause to search a car. What exactly do you think was wrong with the road block ? Was it a construction road block or a DUI Checkpoint?

 

[styles]

Hi,

Your son will be eligable for lienient punishment if he admits to being a user
here and there"recreational"
They will most likely offer him a deal like therapy outpaitient 3 months 6months.
Misdemeanor possesion ,no jail time,community service.

Just calm down!
Do not goto trial!!

A speedy trial .They have 6 months from the date you request it.
So if your objective is to goto trial before the blood test comes back,forget it.

Just stick with the legal aid,let it drag out and get old.after it gets old,the D>A> just wants to get rid of the file and so does the legal aid cause they both are always worked to the bone.

You will start getting offers soon.
Its not as bad as you think.Especially since your son is young and most likely hasnt been in trouble before?

What are the charges?

The court will take the standpoint of "helping" him before "punishing".
In my opinion