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What Happens if You're Caught With Marijuana at an Airport

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  • 07-08-2017, 07:19 PM
    Fixer
    What Happens if You're Caught With Marijuana at an Airport
    My question involves criminal law for the state of: GEORGIA

    My elderly mother-in-law forgot she had a small amount of marijuana in her purse when she went through airport security in Atlanta, GA. She lives in Philadelphia, PA. She has a mental illness that she copes with but it also makes her very forgetful. She said she has to be in court on the 8th of Aug but can't find her paperwork.

    I guess my questions are:
    1) Will she have to appear in court for a first offense of a small amount of marijuana or maybe can she get an attorney to appear for her? I'm weighing the cost of flying her back to Atlanta vs hiring an attorney to appear.
    2) Is this offense a fine? Probation? I've read online that it may be probation but how do you carry out probation if you live in a different state hundreds of miles away?

    I will have to foot all these bills..so needless to say this is so STUPID I'm pretty mad at her.

    Mother-in-laws...gotta love em! (I kid, of course I love her..but c'mon!) smh

    Any advice welcome that won't bankrupt me...
    Fixer
  • 07-08-2017, 07:44 PM
    LegalWriter
    Re: Elderly Mother Caught at Airport W/ Marij. She Lives in Diff State.now What
    MJ is completely illegal in GA. Possession of less than an oz. is a misdemeanor which carries the potential for 1 year in jail and $1000 fine. She may or may not be given probation and if that's the case, she or her attorney would need the court's permission to serve it in her home state. I would suggest that she/you/both of you consult an attorney in GA.
  • 07-09-2017, 04:45 AM
    asa_jim
    Re: Elderly Mother Caught at Airport W/ Marij. She Lives in Diff State.now What
    A Georgia attorney can give more definitive answers as to what the common practice of courts and prosecutors is there. A first time offender, however, never gets the maximum sentence. But even within different jurisdictions within a state there are differences in how things are handled. Some may offer pre-trial diversion (which Georgia does have) more liberally than others for first-time offenders. An attorney should be able to waive her appearance for arraignment. S/he might even be able to waive arraignment altogether. At some point, however, it is probable that she will have to make some court appearance. Many jurisdictions authorize mail-in probation or mail-in reporting for their pre-trial diversion program. An attorney from the specific jurisdiction where this occurred can tell you what to expect.
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