He is 18 by the way.. He was a passenger in a friends vehicle and they were pulled over... The marijuana was under the passenger seat where my son was sitting.. The marijuna actually belonged to his friend but they both were arrested and charged with possession of cannabis. Felony-3.
I would like to add that this is his first offense. Also his "friend" is not accepting ownership and also my son believes that he was never read his miranda rights. If this is indeed true how do we prove he was never read his rights?
The answer to this question depends on many things including the actual weight of the marijuana, statements made to law enforcement by your son and his friend, the facts surrounding the initial stop of the vehicle, and much more. There is also a possibility that if this is his first arrest, a pre trial diversion program is available or the charge can be reduced to a misdemeanor possession of marijuana charge.
My office offers free consultations in these cases. In any event, hire an attorney to review the discovery and move forward accordingly.
Christopher Dyer, Esq.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida.
Criminal Defense Attorney
Without much more information, it is difficult to given an exact answer as to the strength of his case. You all need to immediately retain a Tampa criminal defense attorney, it sounds as though there may be potential defenses to your son's charge. As a third degree felony, this charge carries the potential of five years in a Florida prison. My firm is located in Tampa and offers free case consultations in these matters. Our office number is 813-830-2261. Good luck.
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions
Criminal Defense Attorney
Your son's chances of a successful resolution of his case depends largely on hiring an experienced ciminal defense attorney to investiage the matter and to put forth the best available defense. There are several issues that require attention here. First of all more than one person may be in actual possession of the same contraband. Secondly there appears to be an issue of constructive possession which must be looked into and defended against. Chances of success in these matters has a direct correlation with the effort expended in defending them. In other words, there is no substitute for hiring an experienced and knowledgeable criminal defense attorney. I know that Attorney Hackworth is in your area. You may want tio speak with him
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It would depend on if anyone admitted to possession of the marijuana. If not then there is a good chance. But he needs to get a lawyer. Call my office to set up a free consultation.
For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com Twitter @cohenlawyer
Criminal Defense Attorney
You need an experienced criminal defense attorney in your area to advise you. Being a passenger is a plus; contraband under his seat is a negative; is the "friend " going to accept ownership of the marijuana?; were any statements made to the police at the time regarding knowledge of the dope, etc.;"actual" possession vs. "constructive " possession in a vehicle is a critical issue. No lawyer can predict without more facts disclosed in an attorney-client privileged setting. Get counsel ASAP.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
1. Miranda is probably totally irrelevant to this situation.
2. There is no legal basis for dismissal in the facts as you have summarized them.
3. A finding of "not guilty" at trial is possible, although by no means certain.
4. Your son needs an attorney to represent him and to evaluate this case properly.
Divorce / Separation Lawyer
Great fact pattern, and fairly common. Couple of questions that must be answered, why was the vehicle stopped, and how did it come about that the vehicle was searched? Important, very weighty constitutional issues are involved. The only useful information is going to come from the state, not your son, so you'll need solid representation.