drug charge

[TiredX4]

What is the name of your state (only U.S. law)? Alabama

My son was pulled over for speeding and apparently smelled some marijuana and searched his truck and found a some in the tool
box.(23 grams)in a Ziploc bag and a pipe. He is charged with 2 misdemeanors. 1 possession and 1 count of possession of paraphernalia.
He is 18 and will be 19 in January. His court date is January 13th. I really do not know what to expect. will he go to jail or get probation?
He has no lawyer yet. He works and goes to college. First time in trouble.

 

[quincy]

What is the name of your state (only U.S. law)? Alabama

My son was pulled over for speeding and apparently smelled some marijuana and searched his truck and found a some in the tool
box.(23 grams)in a Ziploc bag and a pipe. He is charged with 2 misdemeanors. 1 possession and 1 count of possession of paraphernalia.
He is 18 and will be 19 in January. His court date is January 13th. I really do not know what to expect. will he go to jail or get probation?
He has no lawyer yet. He works and goes to college. First time in trouble.

Your son needs an attorney and he should speak ONLY to his attorney.

Being convicted on a misdemeanor charge (or two) can affect your son's future in all sorts of terrible ways. He can lose his college financial aid or any scholarships he might have, and he can find his employment opportunities limited, and his travel to other countries will be restricted - not to mention he will see an increase in the costs of insurance and higher interest rates charged on loans (if he is able to get any loan).

If there is any way for your son to avoid the worst of the possible consequences, an experienced attorney in his area will know how he can do this. The attorney will review the facts of the stop and the search of your son's vehicle to see if they were legal, and the attorney will review all other relevant facts and, with these facts, the attorney will work for your son and with the prosecutor to see that your son has the best outcome possible.

Here is a link to Alabama's drug laws: http://norml.org/laws/item/alabama-penalties

Again, your son needs to find an attorney to help him. Good luck.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

My son was pulled over for speeding and apparently smelled some marijuana and searched his truck and found a some in the tool
box.(23 grams)in a Ziploc bag and a pipe. He is charged with 2 misdemeanors. 1 possession and 1 count of possession of paraphernalia.
He is 18 and will be 19 in January. His court date is January 13th. I really do not know what to expect. will he go to jail or get probation?
He has no lawyer yet. He works and goes to college. First time in trouble.

Since he is over 18, the DA could very well decide to charge him as an adult (though age of majority is 19 in Alabama). Agree that an attorney is needed and the case should not be discussed outside of that office.

 

[FlyingRon]

Since he is over 18, the DA could very well decide to charge him as an adult (though age of majority is 19 in Alabama). Agree that an attorney is needed and the case should not be discussed outside of that office.

Nope. The option to move to (adult) criminal court is only open if the charges would be felonies or traffic offenses.

 

[TheGeekess]

Nope. The option to move to (adult) criminal court is only open if the charges would be felonies or traffic offenses.

Section 12-15-116
Original jurisdiction - Criminal

(a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or older:

(1) Contributing to the delinquency, in need of supervision, or dependency of a child in violation of Section 12-15-111.

(2) Opposing or interfering with a juvenile probation officer or a representative of the Department of Human Resources in violation of Section 12-15-112.

(3) Violating any of the confidentiality provisions of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217.

(4) Nonsupport in violation of Section 13A-13-4.

(5) Violating any of the juvenile criminal sex offender provisions of Section 15-20-28(g)(1).

(6) Violating any of the provisions of the compulsory school attendance laws in Section 16-28-12.

(b) All criminal cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate according to criminal procedure.
(Acts 1975, No. 1205, p. 2384, §5-109; Acts 1990, No. 90-674 , p. 1304, §5; §12-15-31; amended and renumbered by Act 2008-277, p. 441, §5.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/12-15-116.htm

Section 13A-12-214
Unlawful possession of marihuana in the second degree.

(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his personal use only.

(b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor.
(Acts 1987, No. 87-603, p. 1047, §5.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/13A-12-214.htm

Section 13A-5-7
Sentences of imprisonment for misdemeanors and violations.

(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.
(Acts 1977, No. 607, p. 812, §1230; Acts 1978, No. 770, p. 1110.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/13A-5-7.htm

Section 15-19-1
Investigation and examination by court to determine how tried; consent of minor to trial without jury; arraignment as youthful offender; notice and hearing.

(a) A person charged with a crime which was committed in his or her minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b).

(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.

(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §1; Act 2012-465, p. 1286, §1.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/15-19-1.htm

 

[TiredX4]

I am going to talk to a lawyer. I was wondering if maybe he could plead youthful offender. Also the police chief talked to my son
about his case while he was in jail before being bonded out. Is that illegal?

 

[Silverplum]

I am going to talk to a lawyer. I was wondering if maybe he could plead youthful offender. Also the police chief talked to my son
about his case while he was in jail before being bonded out. Is that illegal?

Why do you think it's illegal for a police person to talk to a criminal suspect?

 

[TheGeekess]

I am going to talk to a lawyer. I was wondering if maybe he could plead youthful offender. Also the police chief talked to my son
about his case while he was in jail before being bonded out. Is that illegal?

I would suggest taking Junior to the attorney, as he's the one being charged, not you.

 

[quincy]

I am going to talk to a lawyer. I was wondering if maybe he could plead youthful offender. Also the police chief talked to my son
about his case while he was in jail before being bonded out. Is that illegal?

It is not illegal for the police chief to talk to your son. Your son's response should be to exercise his right to remain silent and refer all questions to his attorney - which he NEEDS if he hopes to protect his rights.