My son was charged with Simple Possession of Marijuana. He was in a car with other kids when they got pulled over for not using a blinker. The boy in the front seat passed the joint they were smoking into the backseat to my son. He then threw it out the window. Nobody was charged but my son, the driver had no licence and it was not even his car. The other kids were sent home. I spoke to the Magistrate office where he will have his hearing and they said he will loose his licence (reg) and will have to go to PTI (a pre trial program for first offenders). She said he will get his license back when he completes it. He was not driving and I don't know why they would take his license, how is he suppose to get to his classses and to work?

excon

Hello again jg:

Thanks for explaining.

I don’t think the magistrate told you that exact thing. If they did, they shouldn’t have. Which brings me to my first point. Don’t get your legal advice from clerks. Had they given you the proper information, the following caveat would have been included: IF YOUR SON IS CONVICTED, blah, blah, blah…..

He doesn’t have to go to any program and he won’t lose his license unless he’s convicted. In my view, with a good attorney, the chances of his being convicted, given the scenario you pointed out, are very small.

Don’t speak with the cops or the court. Hire the best lawyer you can afford.

excon

PS> By the way, a conviction for simple possession could have very serious long term implications well beyond the initial conviction, and PTI. As it stands now, a person convicted of possession cannot participate in ANY college loan program, and it goes downhill from there.