M: Cultivate MJ, Possession of cntrl substance, Contributing 2Delinquency of a Minor

[*Concerned*]

SAN BERNARDINO County, CALIFORNIA
I was Cited: PC272 - Minor Son Cited: HS 11358 & HS 11377(a)

Alright, I am scarred and need advice: I’m a 46 year old Single Mother; with no Father in the house. I’ve never been in trouble a day in my life. Hold down a great job for 23 yrs with the same employer, making a decent income. Own my home for 22 yrs. Have impeccable credit. I’m the sole provider. Although I may be losing my job to another country “Mexico” they call it near shoring.

My Son grew a pot plant in his closet. At first I didn’t know this – when I found out we went to war over it – we got rid of it - eventually he plants another, we went to war over it again - I ended up giving in to him and let him keep the plant - thinking this is a phase and it’ll pass. Although I seriously didn’t want it at my house! In my shameful confession I’ve never been the best disciplinarian and tend to give in to my kids; at times. My Son also has a temper and has punched multiple holes in his bedroom walls. Of which freaks me out while I realize it's not acceptable. However, it can be overwhelming. That said, at times I’ll avoid the conflict. Now I am faced with a worse conflict

To the point: An anonymous call was made to the high school hotline. Security Guard pulls my Son from class (it’s a Monday) per vice principal it’d been reported he was selling marijuana and ecstasy on school campus; although he wasn’t, of which resulted in NOT being expelled. They confiscated his cell phone; found pics of the plant (maybe stands 1foot tall) and txts talking about 2 for $10, searched his car; found nothing, questions him and it turns out my Son couldn’t lie and brought a police officer directly right over to my house. We’re extremely cooperative with the officer – I allowed him upstairs where we showed him the plants, he went through my Son’s room asks my Son to open up his safe, to my shock and NOT my acknowledgment there were 14 Ecstasy pills in his safe!!! Officer takes pictures of the plants says he’ll try to write up a ticket equivalent to possession of a joint. We wait all week - up to Friday and he finally delivers 4 citations:

I was cited
PC272 - Contributing to the Delinquency of a Minor (Misdemeanor circled on ticket)
WI 660.5 - Parental Accountability

Minor Son Cited: (will be 18 in May 09)
HS 11358 - Cultivate Marijuana (Misdemeanor circled on ticket)
HS 11377(a) - Possession of controlled substance (Misdemeanor circled on ticket)


****In the End****

For me: It’s paramount I have NO criminal record. I "may" not have a job soon and can’t take the risk of not being employable. Do I need an attorney? If so; approx, how much cost?

For my Son: I don’t want him to be tried as an adult. Do we need an attorney? With out saying, I’m also very concerned about the high cost of fines that I simply can’t afford.

Thank you so much in advance for your time and considerateness What is the name of your state (only U.S. law)?

 

[CdwJava]

Yes, you need an attorney. They may have cited and released Junior for misdemeanors, but that doesn't mean the DA is not going to come back with felonies. Dealing and possession of ecstasy can both be charged as felonies.

You BOTH need attorneys - separate attorneys. And you need them NOW!

- Carl

 

[*Concerned*]

Thanks Carl - I've seen ur post all over this place

Just curious why separate attorneys? Our court date and time is the same.
It feels like this case is together - possibly not as we’re individuals.

Will the attnorey cost be outrageous? Can you give a ball park\range?

Even though he is a minor, they could still charge him with a Felony? WOW!
I thought being a minor is in his favor. At a minimum, counts being dropped from his record with the fines, classes, etc. remaining. Will this decision be based on the police report? As the office went on about how cooperative we were and how that would help us. The one favor he did do for him is not charge him for sales rather he charged him with possession 11377 (a)

He even told me since I have no history of trouble my misdemeanor “could” be dropped from my record. It’s the “could be” part that has me concerned.

Thanks again Carl!

 

[CdwJava]

Thanks Carl - I've seen ur post all over this place

Just curious why separate attorneys? Our court date and time is the same.
It feels like this case is together - possibly not as we’re individuals.

A couple of reasons why you need separate attorneys.

One is that your son is apparently a minor and his matter will be dealt with in a different court requiring different skills than yours in adult superior court.

A second reason is that YOUR interests will not likely be the same as your son's. Sorry, but your defense is likely to rely on your ignorance of your son's actions or your inability to control him. Any other argument might result in your being charged as a conspirator.

Will the attnorey cost be outrageous? Can you give a ball park\range?

If it goes to trial, I'd say each attorney might cost between $2,500 and $3,500.

Even though he is a minor, they could still charge him with a Felony? WOW!

Of course. Age has nothing to do with the level of offense, only the court of jurisdiction.

I thought being a minor is in his favor. At a minimum, counts being dropped from his record with the fines, classes, etc. remaining. Will this decision be based on the police report?

The DA will make a charging decision based upon the police reports, a review of any previous records, and whatever combination of records they are provided.

As the office went on about how cooperative we were and how that would help us. The one favor he did do for him is not charge him for sales rather he charged him with possession 11377 (a)

The DA could decide to file it as a felony. I can also see the potential for additional charges as well.

He even told me since I have no history of trouble my misdemeanor “could” be dropped from my record. It’s the “could be” part that has me concerned.

After you are convicted and have served your time in custody and/or probation, you can seek to have the misdemeanor expunged ... that doesn't mean it disappears, just that it cannot be readily available (and you would not have to admit to it on most applications for employment) after expunged.

- Carl

 

[*Concerned*]

What about a PD? Don’t I have to qualify? Is my income a factor?

How much added value does a hired Attorney offer as opposed to a PD?
What potential difference will a paid for attorney make with the charges versus the charges via a PD? Basically, the differences in their value – do you happen to have a ballpark scenario for that?

And seriously THANK YOU so much – but what you write is so very bleak – you almost have me in custody in your writing. I couldn’t even begin to imagine.

P.S. I have an appt with an Attorney next Tuesday; for a consultation, this person supports criminal for myself and Juveniles, a paralegal that I personally know and works for this Attorney said I could use him for both of us.

However, your raisin an eye brow for me when you reference MY DEFENSE is it kind of like a conflict of interest to have the same Attorney in that case?

Last Question: Is it true that ONLY Attorney’s can obtain a Police Report? I was told this today. THX!!!

 

[CdwJava]

What about a PD? Don’t I have to qualify? Is my income a factor?

Income and assets would be taken into account. You'd have to inquire to your local public defender's office or the court to find out if there is a particular "means test" that you'd have to go through.

How much added value does a hired Attorney offer as opposed to a PD?
What potential difference will a paid for attorney make with the charges versus the charges via a PD? Basically, the differences in their value – do you happen to have a ballpark scenario for that?

I couldn't put a dollar value to it. However, the biggest difference might be in their response to your needs. A P.D. is not likely to waste time making frivolous motions and LOOKING busy, but an attorney paid by the hour might be happy to do anything that looks busy and can build up hours ... not saying an attorney WOULD do that, only that there is an incentive for a private attorney to throw a few "Hail Mary" passes.

And seriously THANK YOU so much – but what you write is so very bleak – you almost have me in custody in your writing. I couldn’t even begin to imagine.

The offenses - particularly for your son - are very serious ... or have the potential to be. Why they only filed misdemeanors, I can only speculate. Personally, if it had been in most jurisdictions in CA he'd be off in juvenile hall with a felony or two.

P.S. I have an appt with an Attorney next Tuesday; for a consultation, this person supports criminal for myself and Juveniles, a paralegal that I personally know and works for this Attorney said I could use him for both of us.

That may not be the best idea. It is also possible that the court might direct separate counsel because of the facts of the case. It's no a given, but it IS possible.

However, your raisin an eye brow for me when you reference MY DEFENSE is it kind of like a conflict of interest to have the same Attorney in that case?

As I see it, your defense is that you could not control your child ... if you COULD control your child but just chose not to, then you effectively are admitting guilt to at least the contributing charge.

Last Question: Is it true that ONLY Attorney’s can obtain a Police Report? I was told this today. THX!!!

You might be permitted to receive a copy at arraignment if you are not yet represented by counsel, but prior to arraignment, the court, the DA and the police are not likely to release anything to you.

- Carl