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MelanieRay · Sep 30, 2013, 04:30 PM

My son (18) was arrested (never went to jail) for drug possession. He wasn't in his own car and the drugs were not on his person. This is his first offense. The officer told the 3 boys in the car that they can all take the misdemeanor or the cars driver/ owner would go to jail for a felony. They all chose misdemeanor. He has to go to court soon, usually they get the drug program and a way to take it off their record option.

I thought hiring a lawyer and pleading not guilty would be better, but what happens if he loses? My son goes to court first... if he does plead not guilty what happens to the other boys? Does he have a chance to win or would it just be better to just go to the drug program?

smoothy · Sep 30, 2013, 06:56 PM

It will still be on his record for future run-in's with the law (thats how they know its not a first time the second time) or if he ever gets a security clearance. Not that everyone ever has or will try to get one.

Plea deals are usually less than he would get if convicted... but a plea is a conviction... fighting it he has a chance to beat it... his lawyer would know how much of a chance he would have to win if he fights..

AK lawyer · Sep 30, 2013, 07:42 PM

Where I come from when a judge accepts a plea the defendant is always asked a number of questions. One of them is something like "has anyone threatened you or offered you something in exchange for this plea?" It seems to me that the judge should be quite interested to learn that your son was threatened that, of he doesn't agree to this plea, that his friend will be charged with a felony.

MelanieRay · Sep 30, 2013, 08:19 PM

Originally Posted by AK lawyer

Where I come from when a judge accepts a plea the defendant is always asked a number of questions. One of them is something like "has anyone threatened you or offered you something in exchange for this plea?" It seems to me that the judge should be quite interested to learn that your son was threatened that, of he doesn't agree to this plea, that his friend will be charged with a felony.

Thank you. Ive never been to court and I don't know how any of it works. Ill call a lawyer tomorrow and hope we can afford it. Im guessing he will ask my son about anything that my boy may have been left out of his story to me that may change things. He has an application and a few recommendations for a job at the airport so I'm pretty sure he wasn't using.