What will happen to my under age son who was caught with weed? 8 Answers as of July 04, 2013

My under age son was caught in possession of weed. The police said that he could get dealer charged because he had so much. The friend he was with admitted it was his but the weed was found in my sons bag. He has already been in trouble in the past steeling. What type of sentence will he get with this his second offense?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If he is kept in the juvenile system then anything from probation to residential treatment.
Answer Applies to: Michigan
Replied: 7/4/2013
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
The answer depends on how much weed he "allegedly sold," what specific types of charges the prosecutor is pursuing, whether he is being charged as a juvenile or adult, whether he is being charged as a habitual offender, and several other factors. Your son is presumed innocent. Your son has a right to council. The prosecutor would need to prove their allegations beyond a reasonable doubt. Your son needs an attorney. Your son should consult with an attorney if he needs specific legal advice. If your son cannot afford to retain an attorney, the court will probably appoint one to represent him. Most attorneys provide free initial consultations. It is certainly worth the effort to make a few phone calls.
Answer Applies to: Michigan
Replied: 7/7/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Your son needs to immediately hire an experienced attorney. I have over 30 years of experience, successfully helping clients with similar cases as your son, and since I specialize in this area of the law, I can tell you that it is extremely important to hire the right lawyer.
Answer Applies to: Michigan
Replied: 7/4/2013
Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
This charge is often dependent upon location. In some counties, like Washtenaw & Wayne, it is treated more leniently than in others, like Livingston & Oakland. So without knowing more, it is difficult to predict the outcome.
Answer Applies to: Michigan
Replied: 7/5/2011
Attorney at Law
Attorney at Law | Steven C. Bullock
It is not clear when you say "underage", what that means. If in juvenile court, there are programs he would be referred for completion. If charged as an adult, there are several options available to keep the matter off his record. You should consult an attorney immediately.
Answer Applies to: Michigan
Replied: 7/5/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    When you say underage, how old is he? If he is under 17, he will be petitioned into juvenile court. There his penalty could be fines and costs, community service or if this is a second offense time in either secure or non-secure detention. If he is 17 or older, he will be charged as an adult. The penalty there will depend on the charge and the amount he had. It could be as severe as time in jail and/or prison.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry First, it is important to know what you mean by "under age." This will explain whether he is in the juvenile system or the adult system. If in the juvenile system, he could be waived to the adult system, could seek a diversion (not likely based on what you describe), or simply stay in the juvenile system. If you mean under 18 years old, and not juvenile, then he will be treated as an adult. The sentence will depend on what the original charge is and its maximum penalty. If a felony, the the appropriate sentencing guidelines will apply to determine the minimum sentence range. Alternatives include YTA treatment, possible 7411 (if not a delivery charge) and possible drug court if available. In short, the attorney you hire will be able to best advise you of the potential outcomes in the case.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It will be hard to give an answer without knowing your son's age and his previous prior convictions. How was marijuana was he caught with? Being charged as a dealer is certainly a lot worse than a user. If he's under 18, then he should be adjudicated as a juvenile as opposed to being charged as an adult which will be beneficial to him. He could be placed on the juvenile equivalent of probation with a heavier emphasis on community service and mentor programs designed to help steer him in the right direction as well as any drug or rehab programs that they might assign. Worse case scenario is that he could do some time in the juvenile detention facility. You need to seek out an experienced criminal lawyer for him right away.
    Answer Applies to: Michigan
    Replied: 7/5/2011
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