my husband was arrested in gwinett county , ga. the office found less than 1/4 gram of pot on the car floor (not his car , he wasnt driving) they let driver go but when they ran his name it came up a warrant in fulton 1997. he was sentenced first offender 2010 for felony possession of marajauna. he was given a citation for the pot. why only he was arrested i have no clue. im guessing for the old warrant. my question is will he be violated by his po, and would they hold that old warrant against him? and how much time would he do, could he do his original 10 years
Criminal Defense Attorney
Your question is hard to answer because the facts you give are not clear. However, as I understand it your husband is on first offender probation for a 2010 case, has a different warrant from 1997 and also has a citation for the recent marijuana charge. Since your husband is on first offender any violation of the law can cause his probation to be violated. Which means they can try to take away his first offender status and send him to prison, in today's job world it is critically important for him to keep his first offender status. I cannot answer your question about the 1997 warrant without more information. Your husband needs to talk to a lawyer as soon as possible and it would be best to hire one lawyer to deal with all three issues that he has going on. Please call me if you have any further questions.
I am not sure I understand all of your facts, but if I understand correctly, this would be my answer:
If your husband was arrested on an old warrant, NOT for the pot found in the car, an attorney should be able to argue to a judge that the old warrant was not a violation of probation given well after the warrant was issued. A prosecutor might try to argue that "failure to appear" is an ongoing crime, however, and try to get around the sequencing of events that way. If your husband was arrested for this new pot found, an attorney should be able to help with that charge, as he wasn't the driver and it wasn't his car. In any event, if he doesn't have an attorney pushing to get things done, he is likely to sit in jail much much longer than he has to. My office is in Gwinnett and I practice in all of the metro courts. Please let me know if I can be of assistance. I would be happy to help.
M. Jason Rhoades
DUI / DWI Attorney
A lawyer should be able to convince a judge that a warrant from 1997 is not a new violation of his current probation. As far as the new possession of marijuana charge if your husband was not driving, and it was not his vehicle, then he has several defenses available to him which should be able to get that case dismissed. The prosecution is going to have a very hard time proving he was in possession of the marijuana since it was not his car, and he was not the driver.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.