What can happen if my brother was arrested for possession in California? 10 Answers as of January 12, 2011

My brother got arrested in California for minor in possession. He has to go to court. What can happen to him?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
You brother is facing a misdemeanor charge. He is not looking at any substantial punishment but there is a mandatory one year drivers license suspension and there will be a fine assessed (probably $500-$800) or community service. An attorney may be able to arrange a plea for a different charge or some other disposition which help save her license at the very least.

Feel free to contact our office with any questions.
Answer Applies to: California
Replied: 1/12/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The question is very broad, and the circumstances of your brother's case and the possible outcomes are highly individual. He might quality for a program that would result in a complete dismissal of the charges, as if the incident never happened, up to a three year prison sentence (1/2 time eligible). You did not say which drug, how much of it he had, whether sales might have been involved, etc. There are many variables to consider. If it was a small amount of drugs and he has no record, he will be in good shape, as long as he does not continue to use. Of course, we're talking about methamphetamine, heroin, hashish, felony possession of prescription medications, cocaine, etc. We are not talking about less than an ounce of marijuana, or even more than an ounce of marijuana (as long as there is no evidence of sales, a just a few ounces, or so). I strongly recommend that you call a competent, experienced, zealous criminal defense attorney, who has always done criminal defense.
Answer Applies to: California
Replied: 1/12/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can? Jail. What actually happens will depend upon the actual charge[s] filed, the facts and evidence available in defense, rap sheet and record, the defense attorney, the DA, the judge, and whether well they can cut a 'deal' you are willing to accept to avoid going to trial. Hire an attorney unless you know how to effectively represent yourself against a professional prosecutor trying to convict you and put you in jail/prison. If this is in SoCal, and you're serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/12/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I assume you are referring to possession of alcohol as a minor. He can lose his driving privilege for up to a year. It is also a misdemeanor that carries up to 6 months in jail though jail time is very unlikely. He should try for some type of diversion disposition like going to some classes and then
having the case dismiss ed so as to avoid a conviction and loss of license.
Answer Applies to: California
Replied: 1/12/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
This depends on how old he is, his past record, the judge, the county, and what he possessed.

Should you have any questions or concerns, feel free to contact my office.
Answer Applies to: California
Replied: 1/12/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The biggest thing is that he can lose his license for a year if convicted of the charge. He should hire an attorney to assist him.
    Answer Applies to: California
    Replied: 1/11/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If convicted of a misdemeanor, heavy fines, probation, and possible jail time depending on past record and circumstances. Also, dmv could suspend license for a year. You should consult an attorney to discuss the case in more detail. Contact us for a free consult if you would like.
    Answer Applies to: California
    Replied: 1/11/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Possession of how much? In juvenile court what happens doesn't necessarily relate to the nature of the offense, rather it would do with the particular needs of the minor. So no clear answer is available.
    Answer Applies to: California
    Replied: 1/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    I need more info but if this is a first time arrest and he is in juvenile court most likely he will be put on probation. It will really be a big help if your parent(s) go to court with him to convince the judge that they will keep a close eye on him.
    Answer Applies to: California
    Replied: 1/11/2011
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