Legal Question in Criminal Law in Alabama

Drug Charges

ossesion of Marijuana. The office that found it was alone when he found it. He did not read my friend his rights and even made a comment about being ale to get it for him cheaper. This cop has now been suspended for smoking Marijuana, and will not be at my friends court date tommorrow. The cop has a hearing to determine the stauts of his job tommorrow after my friends court date. Can my friemd use this to his advantage and how should he plead.


Asked on 7/06/09, 8:40 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: Drug Charges

Your friend needs to plead not guilty. The State has to prove his guilt beyond a reasonable doubt, and it certainly appears that they will have trouble prosecuting this case. I don't think they can convict your friend unless he strolls into court on his own and pleads guilty to it.

If your friend is smart, he will hire a lawyer to go to court with him to try to get this case dismissed. If he goes in and pleads guilty, he will have a drug conviction on his record that will prevent him from getting federal student loans. He faces the risk of going to jail, will have to go to drug classes, take random drug tests, pay fines and court costs, and have his drivers license suspended for 6 months. If he pleads not guilty, the prosecutor will be unable to prove the case and he should be cleared of the charge. However, he needs a lawyer to make sure he doesn't screw it up.

Good luck to you. If we can be of any assistance, please give me a call.

Read more
Answered on 7/06/09, 10:01 pm


Related Questions & Answers

More Criminal Law questions and answers in Alabama