California  |  Criminal Law

Legal Question

Asked on: 2/02/12, 10:57 pm

My 12 year old son had a court date on the 31 for misdemeanor possession of (hash oil).While waiting to go into court a juvenile probation officer approached us and said"that he wanted to give my son 6 months of informal probation. Then we went into court the complaint was read we pled not guilty and judge appointed us an attorney.Then the da told the judge that the probation officer wanted a chance to work with my son and me then gave us another court date in two weeks. Before we left the court room the attorney that was appointed to us turned around and said" i guess u are going to talk with the probation officer this case should be dropped". Probation wanted me to call and schedule an appointment the next day and stated that he would give informal probation and put the case on hold. I felt that the probation officer was being really pushy and in a hurry for some reason, so i did not call to schedule an appointment. His next email was alot more relaxed and said to call some time before the next court date.After researching i believe that if we choose to fight the case that all my son would get is the same thing informal probation.It is said that my son was in possession no (weights given) i believe it couldnt be over a gram.Is it possible that we could get this dropped to an infraction since that is what it would of been if not caught on school grounds, Less than an ounce .When do they decide to test the so called "Hash oil" to see if it is even a narcotic ? From what i have researched the lab could end up doing test and maybe keep what little is left.Then as a defendant dont we have the right to ask for the results or reports and underlying data. Then dont we have a statutory right to test evidence and if thier cant be a test preformed for what ever reason we could get the case dismissed. Bottom line is that i feel that we can get it dropped, and have other choices. Do you believe that there could be options?He is 12, fist time charge, not doing to bad in school.It was cited as a felony and when we told the first probation officer that we had nothing to talk to them about and to file charges they filed as a misdemeanor. Let me know what you think.

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