Legal Question in Criminal Law in Arizona

marijuana charges stemming from car seach

On 11/7/03 my then 17 yr old son was a backseat passenger in a car with 2 friends in front seat. The car was stopped and searched. None of the 3 boys had anything on them. My son was not drug tested. 2 pipes and small amount of marijuana was found under the front passenger seat. No statement was made to the police by any of the boys. We received a letter from county prosecutor last week indicating my son will be charged with possession and use of marijuana and 2 charges of possession of drug paraphenalia. They offered these charges or entering a diversion program. We were going to accept program until we discovered an admission of guilt requirement. The drug program requires signing admission of guilt. The marijuana and pipes were not my son's. Is it legal to charge my son in this situation?


Asked on 8/09/04, 2:48 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: marijuana charges stemming from car seach

The situation you describe is part of the county attorney's 'diversion' program. They try and get as many people to go this route so they can avoid the sheer volume of cases that come in. An admission of guilt, however, is required. Should your son accept the program and violate, formal prosecution will occur and his statement will be used against him. I have handled dozens and dozens of similar cases. I never advocate pleading to something to a crime never committed. The reality is that with no record, the worst case scenario for your son is next to nil, however, the State may wait to prosecute him until he turns 18 - yes then can do this. If you are seriously looking for representation, please give me a call. By the way, I agree that the situation sounds quite winnable, if that's any consolation.

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Answered on 8/09/04, 8:31 am


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