Drug Charges

[beejay31]

Florida My adult disabled son was stopped by Police in Polk County FL for sweerving out of his lane into a Policeman's lane, My so's mobile home had just burned down 2 days ago and he had not had much sleep and was quite stressed out. The police asked if he had been drinking -- but he has nsot had a drink in over 17 years. The police did not give him a Breathalizer test, The police then asked if he could look in my son's truck. My son has been given marijuana and paraphenalia (pipe) by a friend who suggested it might relieve my son's stress. My son was NOT tested for marijuana, and said he had completely forgotten putting it in his truck. He is now scheduled for a Court Apparance in Octover pp charged with Felony count for possession of marijuana and another felony count for possession of paraphenalia. Is it likely my son will go to either jail or prison? I know Florida Laws are very strict, but this is my son's first offense -- and he had NOT even smoked the pot -- just had it in his truck.

 

[Some Random Guy]

Florida My adult disabled son was stopped by Police in Polk County FL for sweerving out of his lane into a Policeman's lane, My so's mobile home had just burned down 2 days ago and he had not had much sleep and was quite stressed out. The police asked if he had been drinking -- but he has nsot had a drink in over 17 years. The police did not give him a Breathalizer test, The police then asked if he could look in my son's truck. My son has been given marijuana and paraphenalia (pipe) by a friend who suggested it might relieve my son's stress. My son was NOT tested for marijuana, and said he had completely forgotten putting it in his truck. He is now scheduled for a Court Apparance in Octover pp charged with Felony count for possession of marijuana and another felony count for possession of paraphenalia. Is it likely my son will go to either jail or prison? I know Florida Laws are very strict, but this is my son's first offense -- and he had NOT even smoked the pot -- just had it in his truck.

He is not charged with using the drugs and paraphenalia, only possessing them. And since he knowingly possessed them, he doesn't have much of a defense.

Since he is being charged with a felony, the only good answer here is to get a lawyer. Since permissiion was given to search the truck and the stop was valid (for observed reckless driving), you are going to have a tough time getting this thrown out. Being stressed out is a not a valid reason for possessing drugs.

 

[Antigone*]

He is not charged with using the drugs and paraphenalia, only possessing them. And since he knowingly possessed them, he doesn't have much of a defense.

Since he is being charged with a felony, the only good answer here is to get a lawyer. Since permissiion was given to search the truck and the stop was valid (for observed reckless driving), you are going to have a tough time getting this thrown out. Being stressed out is a not a valid reason for possessing drugs.

Please don't use his disability, misfortune, and life-happens level as excuses for his bad behaviour. If your son had no intention of ever smoking the mj, he would not have accepted the "gift" from his buddy.

As SRG stated, he will need an attorney.