What is my son facing on a possession with intent charge?
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What is my son facing on a possession with intent charge?
My son was arrested on possession with intent after pot was found on him. It actually belonged to his “friend” who denied knowledge of anything even though he put up the money. When my son was taken away, he was taken behind an abandoned plant, and one of the officers said he knew his dad and would charge him with misdemeanor possession. The transporting officer, when they arrived at the jail said it would be possession with intent to sell. At the bond hearing, the judge actually saw the different charges and went with the most current, is this legal? We’re looking for an attorney now.
Asked on May 23, 2011 under Criminal Law, Georgia
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is unclear what you mean when you state that "his dad would charge whim with misdemeanor possession." Are you referring to the arresting officer's father, or your son's father? Is your son's father a cop?? In any event, the general rule is that the prosecutor is free to change the charges based upon the facts presented by the police. Remember, the prosecutors are lawyers, not the cops. Therefore, the cops often include, or miss, certain charges that the prosecutor notices. Therefore, there is nothing in and of itself that appears to be illegal with respect to the trumped up charges, unless the reports suggest otherwise. Regardless, what your son is "facing" depends on the strength of the state's evidence, whether the police violated your son's constitutional rights in making the arrest, as well as other factors, such as your son's prior criminal history. Thus, you clearly need to consult with a local defense attorney to discuss this matter in greater detail in order to obtain a clearer understand of what your son is facing. Good luck.
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