My 18 y/o daughter was arrested and charged w/ possession w/ intent to distribute w/in 2000' of a school. She was at a friends house and there were others there too. They were smoking marijuana and the house got busted. There were 2 bags of marijuana and some paraphanelia found at the scene. My daughter and three boys were all charged w/ the same thing.
We took a court appointed attorney hoping that they would drop her charge to a misdemeanor possession of marijuana (without the intent). We met with the attorney today and he informed us that the DA is recommending a 2 year Drug Court sentence. I think this is too harsh for a child who has never been in trouble before and made a stupid choice to hang out and smoke pot. We told him we didn't want to take that deal. He went back to talk to the DA and came back at us w/ possession w/ intent and a 5 year deferred sentence. We still were not happy w/ the offer.
We asked the attorney if we could meet w/ the DA along w/ attorney and he said we could but it probably wouldn't do any good.
We waived the right to preliminary hearing today because the attorney said if we didn't waive the hearing the offer of the 5 year deferred sentence would no longer stand. We go back to court on 7/24.
We are seeking other representation at this time.
Does anyone have any advice that might be helpful?