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momzilla

Our 20 year old daughter's boyfriend is currently on probation until Oct after having been arrested for buying a large quantity of marijuana last year. We have tried unsuccessfully to discourage their relationship because he continued his drug use and the buying/selling even while on probation.

We just found out that about a week ago, he made another purchase of one ounce while she was with him, it was about 11pm when he parked his car in an industrial complex to examine his purchase, a police officer drove past them, then turned around and stopped to chat.
Both kids were cooperative, respectful and consented to a search of the car and our daughter's purse. He let them go with tickets for possession.
Is it our daughter's best bet to go before the Magistrate and plead guilty or can she argue that the marijuana was not hers, her boyfriend told the officer about his previous charges that night. What can she expect when she goes before the magistrate? This is in Westland, Michigan.
Thank you for any help.

 

Ernesto

They will probably try to pin whatever they can on her. Best advice is to get a lawyer. First offenst, no priors..she will not have a problem..but do get a lawyer.

footix

They shouldnt have consented a search.

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Larmer

What state are you in? Check out www.norml.org, look up your state in the legal issues section, and you can find out penalties.

From the sounds of it, they got a citation, so if you're in a decriminalized state, pay the fine, it's cheaper than hiring a lawyer. There's no criminal record with this, so just shrug it off and consider it a lesson learned.

If it's a misdemeanour, fight it tooth and nail, you've got one helluva case, provided you and your daughter are both being up front here. I'll believe ya.

First of all, it was his car, not hers, he assumes responsibility for anything in the car. If any was found in her purse, well, that kind of screws you, can't exactly shift the blame there, unless it can be proved that he put it there without her knowledge.

Ok, scratch the civil citation, I just saw you're in Michigan. Fight it. Get a lawyer, because a criminal record, even a misdemeanor is not worth it. If she wants to go to school in the future, count out government assistance with a record for drugs.

The lawyer will get her off, I'll practically guarantee it, if the facts are as stated. This will require "selling out" the boyfriend, but it was his fault fr involving her in the first place. She's not going to have t testify against him or anything, but she will have to deny that she had any involvement in the marijuana. The key to this is the location of the pot in the car, and what was said at the time. If she took any resposibility, that damages her defense.

Good luck, keep us informed, we like to hear happy endings here!

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momzilla

Thank you for the replies and the link - I will check that out

She refuses to *rat* on her boyfriend (she looooves him). Tells us none of it was hers - she didn't even know he had it on him until they parked.
The officer came up to the car- shined his flashlight on them and noticed a roach in the console cupholder, then asked them to step out of the car. They were asked what else might be found in the car and the boyfriend told him exactly what and where. The bag was in the pocket of the driver's door The officer asked to search her purse, she OK'd that and he did not find anything in her purse. She says the officer told them both that he *ought* to arrest them but since they were being so cooperative, he'd let them go with tickets.

She intends to go to court this Wednesday am and plead guilty.

Can she be fired from her job for this?

Would a court appointed lawyer help her? She has next to no money. Her boyfriend's Mom spent over $4,000 last year to help her son out but feels that he would have gotten the same deal even without a lawyer - first time offender and all.
If she could go to court and be found not guilty - agreeing to plead GUILTY doesn't make sense to me....but everytime we try to talk to her about this she yells, cries and storms off. She is freaking out but won't take any advice from us. So, whatever. I really don't know what will happen, have zero experience in this area.
From the sound of things, I think she must be lying to us because it makes NO sense to plead guilty when you're not.
Would this show up on a background check by future employers? She works in the insurance field and wants to become an agent.

Her boyfriend will be going to jail for 90 days.
Thank you everyone. I really appreciate your knowledge on this subject!

 

Larmer

If she pleads guilty, and there isn't a conditional discharge, she will have a criminal record. This will show up on any background checks, and will affect her ability to attain a job. The organization I work for now refuses to hire any employees with a criminal record; it's an automatic blacklist. The insurance claim industry is another sensitive position. She would be severely jeopardizing her career path if she pleads guilty without consulting a lawyer.

There is a possibility she could be fired. If her current job involves cash handling, working with children, or any other sensitive position, the employer may be able to terminate her. If it's government, she can begin a job hunt immediately, drug convictions and beauracracy simply don't mix.

Tell her bluntly that whatever decision she makes on Wednesday will effect her entire life. Does she really want to risk her future over a boyfriend that apparently is unconcerned that she's taking blame for a charge that he is responsible for? She will not have to "rat" on her boyfriend, she simply denies that she had any knowledge of the drugs. As it stands, he's going to jail for three months, so what is she going to do during the interim? She can basically count out any future with him, as multiple convictions with incarceration don't help an individual out career-wise.

Tell her to phone a lwayer on Tuesday, there's not exactly much time for this. A 15 minute phone call billed at a maximum of 200/hour will cost her 50 bucks, hardly a waste considering the implications. The lawyer can at least advise her on whether it's smart to plead or not, he knows the local magistrate better, and he's probably dealt with this situation before. He'll know whether discharges are possible, especially considering that she was with an individual with previous convictions for trafficking.

If she won't do it, you call the lawyer. Explain the situation, and like I said, 50 bucks isn't a large sum of money when your daughter's future is at stake.

Keep us informed...

Stephanie S.

Please check your state laws about this on the link to NORML tha Larmer posted.

Also, please ask you daughter to pay us a visit.

Does she realize that in the future a conviction like this, misdemeanor or felony could impact her ability to get a job, college financial aid, etc.? Is a guy really worth that? Apparently he doesn't even think enough of himself to stay out of trouble while on probabation, what does that say about his "love" for your daughter? (These are questions I have for her, not you the mom. )

Good luck!

peace

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j2krj

I don't understand why she feels that pleading not guilty has anything to do with her love for her boyfriend. Maybe try to talk to her boyfriend and convince him to in turn talk to your daughter. It is possible that the combined efforts of the two of you could convince her from admitting guilt to something she did not do.

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momzilla

Hi everyone... just wanted to update you all on our daughter's case.
She went to court last week, and a court appointed lawyer got the charges reduced to *loitering where narcotics were present* She received fines totalling $500, a year of non- reporting probation, she will have to go in for 3 drug screens and will be placed on work detail. She is able to pay her fines in 2 installments and she will receive information regarding work detail in the mail, as well as notification of when to appear for the drug testing. This will not appear on her record if she follows all the rules and at the end of the year it will be erased (called a 7411....?)
Her boyfriend's lawyer got his case pushed back to December when he will be off probation regarding the previous charges- otherwise he would have gone directly to jail. His license has been suspended for 6 months and he was fired from his job.

So, thats that. Hopefully this is the last time we will have any experience with this sort of thing!! Thank you everyone for your thoughts and advice. I love knowing you are here and willing to help total strangers in a tough spot! You all are awesome! Thank you again.

YetiManY3K

As it wasn't the greatest turn out, it could have been MUCH worse. Consider it a victory though. I'm happy to see that everything went well. And hey, don't be a stranger around here :-D

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