He was in the passenger side where the meth was found but he does not use it. He was getting a ride from a friend and it belonged to her. Could he be drug tested to show he doesn't use it and be cleared of the charges?
Violent Crime Lawyer
It's too late to drug test him now. But, depending on his status and a number of other factors, he could potentially be looking at removal proceedings. He should consult with an immigration lawyer in addition to a criminal attorney, particularly if charges have already been filed. It is also possible that when the DA reviews the police reports he might not be charges, but again, that depends on the facts and circumstances of the situation.
Are these still charges, or has he been convicted?
If merely charges, talk to his criminal defense attorney.
If convicted, take a copy of the record of conviction to another attorney, for a 2nd opinion.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If your brother is charged, he really needs to hire an attorney to avoid any conviction that would make him removable, especially when he is innocent.
This is general information, not legal advice. This does not establish any attorney client relationship.
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Upon conviction, a very strong possibility.
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