What is the name of your state? Georgia
My husband was arrested for possession of less than an ounce of marijuana (couple of roaches) inside city limits by city police. He was sitting the passenger seat of a car, which was impounded. When the car was released, the evidence was still intact (along with the chemical acid test kit to prove it was marijuana). Nothing was found on his person and no drug test was given.
He just went to his court date yesterday, and pleaded not guilty, after the prosecuter offered him a plea bargain: nothing would go on his record if he paid a $650 fine, took a small probabation period, and went to a DUI school. Another court date was scheduled, and he was told he'd have to hire an attorney, and if found guilty he'd suffer more severe consequences than the bargain.
My questions:
His Miranda rights were not read to him. They told him that was only "in the movies".
The court would not appoint him an attorney. He told them he couldn't afford one because of having lost his job because of the arrest, and they told him no. To talk to family/friends and try to work something up within 30 days.
What does DUI school have to do with all of this? He wasn't driving - he was sitting in the passenger seat of a car in a fast food restaurant. The driver was inside getting food, and left the scene when all this was going down.
And if the evidence was still in the car and no drug tests were given, it doesn't sound like they've even got a case. ??
Nothing like this has ever happened to him before, so we have no clue as to what our options are, or anything.
Can anyone help shed a little light?
Thanks!
My husband was arrested for possession of less than an ounce of marijuana (couple of roaches) inside city limits by city police. He was sitting the passenger seat of a car, which was impounded. When the car was released, the evidence was still intact (along with the chemical acid test kit to prove it was marijuana). Nothing was found on his person and no drug test was given.
He just went to his court date yesterday, and pleaded not guilty, after the prosecuter offered him a plea bargain: nothing would go on his record if he paid a $650 fine, took a small probabation period, and went to a DUI school. Another court date was scheduled, and he was told he'd have to hire an attorney, and if found guilty he'd suffer more severe consequences than the bargain.
My questions:
His Miranda rights were not read to him. They told him that was only "in the movies".
The court would not appoint him an attorney. He told them he couldn't afford one because of having lost his job because of the arrest, and they told him no. To talk to family/friends and try to work something up within 30 days.
What does DUI school have to do with all of this? He wasn't driving - he was sitting in the passenger seat of a car in a fast food restaurant. The driver was inside getting food, and left the scene when all this was going down.
And if the evidence was still in the car and no drug tests were given, it doesn't sound like they've even got a case. ??
Nothing like this has ever happened to him before, so we have no clue as to what our options are, or anything.
Can anyone help shed a little light?
Thanks!