Alcohol & Drugs: MIP, MIC, Intoxication Notice to Appear in lieu of Arrest

[sschuebert]

Last night my son was "arrested" while driving his car with two of his friends. There was 2.5 grams of marijuana found in the car that apparently belonged to one of the "friends". Neither friend admitted to ownership and my son was given a "Notice to Appear" in lieu of physical arrest. If the marijuana did not belong to my and and if he, in fact, did not know it was present, what happens to him as he was not "arrested" but issued a "Notice to Appear"?

 

[CdwJava]

Last night my son was "arrested" while driving his car with two of his friends. There was 2.5 grams of marijuana found in the car that apparently belonged to one of the "friends". Neither friend admitted to ownership and my son was given a "Notice to Appear" in lieu of physical arrest. If the marijuana did not belong to my and and if he, in fact, did not know it was present, what happens to him as he was not "arrested" but issued a "Notice to Appear"?

He appears in the listed court on the date and at the time specified to answer the charges. Depending on the procedures in your state, that first appearance will likely be the arraignment where he is able to make a plea (guilty or not guilty) and if he is indigent counsel may be assigned to him at that time unless he has the means to pay for his own attorney. Once he has an attorney, he may consult with his attorney to determine if they have a decent defense against the charges, or if there is a more palatable alternative available than a conviction at trial (diversion is generally offered in most states so that if he completes counseling the arrest will go away ... but this varies by state).

Until he is arraigned and has been able to consult with counsel, there really is not a whole lot he CAN do.

To expedite some matters, what state is he in and what are the statute/code numbers he was cited for?

- Carl

 

[sschuebert]

To expedite some matters, what state is he in and what are the statute/code numbers he was cited for?

Florida 893.13

 

[seniorjudge]

If the marijuana was in his car, then he possessed it, even if he didn't own it.

That is the basis of the charge.