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my son got pulled over in Iowa he was not the driver, but the driver had marijana on him so they look in the car and they found about 3 oz. of marijana so they also charged him with it he has a clean record does he need a lawyer the drugs were not his but he did know that the driver had them

Customer (name blocked for privacy)

Status: Closed Value: $15

Yes he needs a lawyer. To charge someone with possesion of drugs, it not necessarily that the the drugs be actually in a person's physical possession. Someone can be charged and even convicted of drug possession if they are found to be in "constructive" possession which essentially means the drugs were in their custody and control though not necessarily physically on their person.

Also, since the amount recovered is in excess of an ounce, your son may be facing felony possession charges (possession with intent to distribute). Your son's co-defendant may claim your son knew about the drugs or the drugs were his so it is imperative that he retain his own attorney.

If he is over 18 and cannot afford an attorney, he can apply for a public defender. If he is under 18 and you cannot afford to hire him an attorney, then you can apply for a public defender on his behalf.

I wish you the best of luck and don't hesitate to ask further questions as needed. Please remember to click "ACCEPT" and any feedback is appreciated:)

1 Other Expert Agrees with this!

Reply to James D. Pacitti's Post: what if it was less then a once does he still need one

Yes, he still needs a lawyer because the amount seized only determines the degree of the offense, ie., felony or misdemeanor. Whether he is criminally responsible is not contingent upon the amount seized (except perhaps in situations where the amount is so great it would be highly doubtful a defendant was not aware of the presence of the drugs and therefore in possession). Certainly the less the better from the perspective of the how serious a charge he will face but he still can be considered in possession of a small amount that was not physically in his possession, for example, if a smoldering "joint" was found in the ash tray of the car he would be more likely to be found in constructive possession than if an ounce of marijuana was found in the driver's side footwell.

I hope this helps:) Please remember to click "ACCEPT".

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