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My 17 year old nephew was arrested with simple possession of marijuana--what should be expected now? Should we seek legal aid?

Clayton, GA |

My 17 yr old nephew was arrested on Sunday Dec. 18 with three charges...simple possession of marijuana, seat belt charges and he has a PA driving license and has not had it changed. The officer told him he that was pulling them over because he saw them pass each other a "roach" so he asked how much pot do you have in here....My nephew said what?? He lite me a cigarette and handed it to me. The officier than said they didn't have their seat belts on, which they did, they were sitting in the exit lane of a parking lot at a stop sign where the put their belts on. He was not read his rights at all, he was arrested and taken to jail. He is out on bail and I am in need of advice!

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Attorney answers 3


I don't practice in your state, but and advice applies in every state, which is that you should have counsel. The attorney will learn the particular circumstances of the case, review the reports, assess the overall case, and then properly advise you of your options. You should seek out an experienced criminal defense lawyer to assist you. Good luck.


He should talk to a criminal defense attorney in his area. One of the big issues with a marijuana charge is that if it becomes a conviction it can prevent him from getting Federal loans for college. Likewise, any conviction can have a negative effect in employment situations. An attorney in his area will most likely have a working relationship with the prosecutor's office and will know a few possible ways to keep the conviction off his record.


If this is your son's first arrest he may qualify for a diversion program which, upon successful completion, the charges against him will be dismissed, and he can get the charge expunged from his record. Most of these programs require an individual to pay a fee, complete community service, complete a drug and alcohol evaluation, etc. Your nephew needs to be careful with this charge because if he is convicted of it, or pleads guilty to it, his privilege to drive in the State of Georgia will be suspended for 6 months with no limited permit for work or school even though he is on a PA license.

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.

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