What will happen to my daughter who was arrested for possession? 5 Answers as of July 15, 2011

It depends on whether she was arrested for misdemeanor or felony possession of marihuana.Misdemeanor possession of marihuana carries a sentence of up to one (1) year and a fine not to exceed $6,000, if the charge is in the state court. If the charge is in the municipal court she faces up to six (6) months and a fine of up to $500.00. Thre is an automatic mandatory loss of driving privileges for six months.Felony possession of marihuana carries a sentence of not less than one (1) year and one (1) day up to ten (10) years in the state prison, a fine of up to $15,000, and a six month suspension of driving privileges.

It is a class C felony. She should get an attorney. She is probably to old to get YO. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

You really need to hire an attorney to represent her. If this is her first offense then she will probably get probation.

She needs counsel. She should not speak to the police without a lawyer. Mere presence is not a crime and sounds like her defense. The State must prove actual or constructive possession, and if she was holding none, then she may well win with the mere presence defense. Stay well.

She will be charged with the crime. She needs to hire a lawyer. He'll be able to explain her options and put her in the best position depending on her particular circumstances.