QUESTION

What can we do if my son is being charged with possession of marijuana?

Asked on Feb 17th, 2013 on Criminal Law - California
More details to this question:
My son is being charged with possession of marijuana, intent to deliver, drug paraphernalia and theft. He only had a small about of marijuana in his room (approx 6 grams) which he told the officer before he got the search warrant, they suspect he is a dealer because he had about $1000 cash and his roommate had a significant amount of marijuana and a scale. My son had the cash because he works (delivers pizzas - gets cash tips) he goes to college, drives home (about an hour) 3 times/week to work and unfortunately was using the marijuana to self medicate so he could sleep. I believe there are some questions about the search and when he and his roommates were detained and the subsequent visit from the police charging in their apt with rifles saying there was a report of a gunshot. These are 3 college kids with no prior encounters with the law - who were on the college baseball team. This happened on 2/1 (when they were taken in because of a noise complaint - which has happened often because the tenant below has been angry since before they moved in. This is the 3rd group of college kids she has made sure were evicted and 2/6 (when they came in with the gun shot story). My son was called at 8:00 p.m. on 2/15 by one of the cops telling him to report to the DJ on Tuesday at 3:00 p.m. (said he didn't need a lawyer and also have told all 3 of the boys not to tell their parents - would not let my son call me or a lawyer from the second he as cuffed he asked to make a call (6:55 a.m. and they didn't release him until 2:50 p.m. on 2/1). I need help and I am afraid the lawyer I contacted will not be able to accompany us on 2/15.
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Answered on Feb 20th, 2013 at 9:23 PM
You should retain a good criminal lawyer and try to get the case dismissed or reduced to a violation so the boys do not get a criminal record. They should not have talked to the police, consented to a search, or had scales and cash in the same house or room as it makes it a more serious charge.

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Answered on Feb 20th, 2013 at 12:07 AM
If your son has an attorney, you need to speak to him about this.

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Answered on Feb 20th, 2013 at 12:06 AM
This question was just posted, and it is after 02/15/13.

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Answered on Feb 20th, 2013 at 12:05 AM
I am an experienced criminal defense attorney of 20+ years. If this is an Eastern WA state case contact me. I have dealt with this type of case many, many times. I can help you!I live in Moses Lake,WA but travel throughout Eastern WA and handle all types of criminal offenses.

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Jeff Fengcheng Yeh
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Answered on Feb 20th, 2013 at 12:04 AM
Help him hire a good lawyer, so he can get this relatively minor charge dismissed.

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Michael J. Breczinski
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Answered on Feb 20th, 2013 at 12:03 AM
Well you need to get him a good lawyer. There are a lot of issues in the fact scenario that you have expressed and a good attorney might be able to do something for him.

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Answered on Feb 19th, 2013 at 10:49 PM
First of all, I hope that you son has not made any statements to the police. If he has, tell him to not say anymore. It is perfectly legal to have $1,000 in cash. The claim that they heard a gunshot is an interesting one. If this is not true, the police may not want to take the stand and make this claim. Even if they did hear a gun being fired, why did they believe that your son had anything to do with it. An attorney might enjoy cross examining the police in this case.

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Answered on Feb 19th, 2013 at 10:19 PM
There are obviously a lot of moving parts to this and a lot of issues that could make or break the case. No attorney can simply explain over the internet how to beat a complicated drug case DIY. Call a local attorney with experience in defending against drug charges. Don't try to handle this on your own and be extremely careful discussing the details with strangers. You don't know who reads these message boards.

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