Possession of less than an ounce

We're in the state of Geogia, my son 18 years old was cited with a misdemeanor offense of possession with less than an ounce. He had a pipe with residue in it. His court date is in March, do you think we need to get a lawyer since this is his 1st offense? He's in his senior year and we're not sure if it would make a difference with a lawyer or just showing up.
Thanks

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Quoting SHERBERT

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We're in the state of Geogia, my son 18 years old was cited with a misdemeanor offense of possession with less than an ounce. He had a pipe with residue in it. His court date is in March, do you think we need to get a lawyer since this is his 1st offense? He's in his senior year and we're not sure if it would make a difference with a lawyer or just showing up.
Thanks

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What was the residue?

Do you have the statute code of his offense?

Did he get charged with a paraphernalia charge as well?

16-13-02 All it says is possession of marijuana < 1 0z. It doesn't say paraphenalia. Even though the residue was in the bowl of pipes.

Get a lawyer.

Georgia Code § 16-13-2 provides:

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Quoting § 16-13-2 - Conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes; dismissal of charges; restitution to victims

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(a) Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug, the court may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may occur only once with respect to any person.

(b) Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months.

(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accused's addiction to a controlled substance or alcohol who are eligible for any court approved drug treatment program may, in the discretion of the court and with the consent of the accused, be sentenced in accordance with subsection (a) of this Code section. The probated sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudication of guilt shall be entered under this subsection until the accused has made full restitution to all victims of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector.

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Your son should try to take advantage of the provisions of that statute, which would allow him to avoid a conviction.

I agree, but I'm wondering should we retain a lawyer, or is it a contact with the court prior to court date that would do that.

you dont have to take this serious but im sure you already had your court date..if not ...you may want to get a lawyer.but only if the lawyer is well known and knows the people in the court system you are going through.Most lawyers get around and know alot and can give you alot of info.you could call 10 lawyers out of the yellow pages just to find out what they say..you would of been better of doing that than asking for advice on here.Truthfully if you want the charges dropped completley and your son just recieve probation i would suggest getting lawyer who can almost guarantee he can talk the court into being light on your son.the more he charges the more realistic his claim might be.for $500 bucks a bad lawyer might just be taking you to the bank.but for $1500 you might have pretty good chance..most times i dont know for sure but im sure the lawyers will pay off the other lawyer in turn who pays of the judge.i guess its a legal way for them to cover up that they really just want you to pay them alot of money outside of the courts or what some would say " under the table" i am only assuming but i am pretty sure thats how it works.

if it looks like your son will be hit regardless lawyer or not..tell his ass to enroll in school,if he is not in school already. judges will go light on someone who is young and messed up who is in school trying to better themselves. Your son may want to claim that he will be going out of state for school in a few weeks and maybe the whole probabtion thing will be out of the question too. \

Im not suggesting you lye. but im sure your son may be better off going to school,or paying to go to an out of state type of school program for a few months to just get this bull crap charge diss missed.

alot of times he might of said some things that incriminated him and thats why they are saying he possessed a controled substance instead of paraphilnalia .