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  1. #1
    Join Date
    Sep 2009
    Location
    Michigan
    Posts
    2

    Default Minor in Possession of Pot and Cigarettes

    My question involves criminal law for the state of: Michigan

    My son was recently a passenger in his own car (with an expired plate-he was supposed to be on his way to take care of-the other kid was given the ticket for the plates) when he and his friend were pulled over for speeding. The friend was driving my son's car. When asked by the officer if there was anything in the car before he searched my son said that he had cigarettes and that there was a pipe in the car from a couple of weeks ago, but no pot. The officer was given the cigarettes and pipe and proceeded to search the car. In the console (on the report) the officer said he found some small green leafy pieces that he had tested and that did test positive for pot. He was charged with minor in possesion of tobacco and dissorderly person/possesion of pot. The report states that he cooperated with the officer and notes no real disorderly acts, why the disorderly person charge? My son is an honor student, with no offences of any kind on his record. He is in the carreer tech medical training course at school, has had perfect attendence for the last 2 years and has started his college plans and application process for grants, scholarships and loans for college next year. A misdimeanor conviction at this stage will hurt alot of his chances for financial help. Do you think it is wise to go with a public defender? Should we look into either a 7411 or Herman Holmes Youthful training act type option? Can I do this on my own or should we have an attourney represent us? Help!! Alex's Mom

  2. #2

    Default Re: Minor in Possesion of Pot and Cigarettes

    Consult good criminal defence attorney and try to drop one charge related to POT and get probation on other cigarette charge. Once the probation is done case should dismiss and there would be no conviction. Later on one can expunge the case so there is no arrest record for schools and employers.

  3. #3
    Join Date
    Sep 2009
    Location
    Michigan
    Posts
    2

    Default Re: Minor in Possesion of Pot and Cigarettes

    It's Alex's Mom again, I thought I had better include his age - it was 16 at the time of the incident, but he turned 17 15 days later...does this make any difference?

    (I know I am not supposed to reply to my own thread, but I didn't see an edit button for once the thread was entered.)

  4. #4

    Default Re: Minor in Possesion of Pot and Cigarettes

    Alex's Mom it should not make much of a difference. Please consult good criminal defense attorney to have favourable outcome. Unfortunately like everything else good attorneys cost money.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Minor in Possesion of Pot and Cigarettes

    Ask about any diversion programs where he can avoid a criminal record,maybe some charges can be diverted and the disorderly conduct dropped,if the lawyer can arrange a deal. The age goes by how old he was when he got arrested if 16 is Juvi in MI then he lucky he didn't get caught 2 weeks later. Regardless you should a call a local lawyer some a free consultation . If he is charged as a juvi most states seal the record when the person turn 18 if he stays out of trouble.

    The edit button is only there for a certain amount of time. The people who reply do this to help out and for free,all you can do is wait.

  6. #6
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Minor in Possesion of Pot and Cigarettes

    Quote Quoting Alex's Mom
    View Post
    Can I do this on my own or should we have an attourney represent us? Help!! Alex's Mom
    My advice is, don't even think about doing this on your own. You need an attorney.

  7. #7
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: Minor in Possesion of Pot and Cigarettes

    I agree with TC498, ask about diversion programs. If one isn't offered, get his record sealed as quickly as possible.

    Although it is different with juvi cases, a drug charge destroys any chance of any federal aid, so your son will be totally screwed. Make sure you make this very well known to the DA on the case, and bring proof of his honor roll status so you can prove he is going to college and can go to college soon.

    As far as the "disorderly" charge goes, he didn't have to be disorderly. The law has two parts, one is disorderly conduct. The second is possession of marijuana. He is guilty of the second part of the law.

    And tell your son, it is NEVER a good idea to admit ANYTHING to the cops. If there is a smell of weed, they are going to find it whether you cooperate or not. But, "cooperating" just allows them to find things they may not have found without your "help" and also makes sure they have a confession (proof) that you're guilty should you try to fight it. In this situation, if your son had not said anything, the cop would not have had any right to search the car simply based on the speeding and he would not be in this situation at all. Along with the "admit nothing" advice, I also advise not to allow any officer to search without a warrant. If the officer asks, say no. If he doesn't produce a warrant and he doesn't have probable cause and he searches anyway, anything he finds is out of evidence. So, in this case, if he had no probable cause to search and your son didn't consent to the search and the officer searched anyway, the pot would be thrown out and they would have no basis to prosecute. Unless that is, your son admitted to having the pot in the car, which goes back to my original point.
    Good luck.

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