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I'm sorry you're going through this :(
The laws are different in every state. Even then, the specifics of the case might affect whether he gets probation, the conditions, etc. It never hurts to get a lawyer.
Im so sorry to hear this. How old is your brother? You mentioned that he was arrested for pot, does he have a history of alcohol abuse though? Im guessing he would be put on probation (depending on if anything like this has happened before) and have to pay a fine. I woudlnt think they can tell him he cant be around alcohol, then he wouldnt even be able to be in a restaurant that serves alcohol.
Depending on how much he had on him, it may just be a mistomeanor.
Sorry your brother got arrested, but hopefully he will learn from it.
Most courts will allow special dispensation to allow someone to go somewhere they may not be allowed to go, if you ask them, depending on the circumstances.
He just turned 18 and it was under 2 oz according to my mom. My FI is pissed and said that if my brother gets caught again he'll be out of the wedding. I'm just trying to figure out the worst case scenario so we are prepared just in case.
I don't mean to alarm you, but I think 2 ounces is a lot of pot... I hope it wasn't packaged into smaller baggies or anything?
I don't know much more than he was arrested this morning before 3 in front of my parents'.....I'm hoping for just a misdemeanor but who knows...
just googled it, and if its 2 oz or less than it is a misdemeanor, but he could still end up in jail for up to a year and/or a $1000 fine, plus the paraphranelia could be 30 days to a year and another $200 fine. if he gets distribution charges then he's in real trouble - that's a felony and punishable up to 5 years and $5000 fine
It all depends. On his history, your lawyer (I would hire one...its always better), how the judge feels. Depends on probation office. I know quite a few people who have been arrested for pot...sometimes the first court date they just continue it, some times they just give you a $40 or higher fee. Plus you say that he got arrested in front of your parents house..is there a school, library or playground around? That depends.
But I think-won't promise-he will be fine for the wedding. And if its only pot, why shouldn't he be able to drink if its a cash bar? Most probation doesn't include you not drinking..only to do urine tests to see if you test positive.
been there done that, luckily my brother was arrested 3 weeks after the wedding, not before. (how's that for ruining any happy newlywed feelings and ruining the entire holiday season?) Throughout wedding planning it was always hanging over our heads that he could be arrested at anytime and he was so unpredictable. Therefore, we didn't have him be a member of our bridal party though I would have liked him to. He was sad about that on the wedding day too, but what could we do? He still hasn't got his act together today even!
Chances are nothing will be settled at the court date and they'll just set more future court dates. He's not in jail right now is he? If this is his first time and they havent put him in jail yet then they probably won't at the court date. If it is his first time and he does have to go to jail then the bail will be pretty low and I'm sure you can get him out for the wedding.
Either way, I wouldn't worry, these things take forever. The courts are usually really slow and I'm sure he'll still be there for your wedding.
A similar situation happened with my brother several years ago (though he was under 18 at the time). We hired a family friend as a lawyer who was able to avoid any serious charges, but I think he had some pretty serious fines. He was put on probation, but as far as I remember, the stipulations just had to do with him keeping and regularly attending his job and checking in with a court officer every few weeks. I don't really think there is any reason why they should forbid him from attending your wedding. Anyway, good luck to him and I hope everything works out okay!
for the most part in my experience, he will prob have probation, and as long as he notifies his po(probation officer) he should be fine, and the drinking part(unless you really don't want him to) shouldn't be a problem either. hope that helps!
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So my little brother got arrested this morning in front of my parents' house for possession and paraphenila of pot and has court on July 15th, three weeks from the wedding. I'm sure that he'll be put on probation and that jazz but I'm super worried because we won't know the stipulations of his probation until his court date and he's in the wedding party. Our reception will have a cash bar for the most part and we plan on giving the bartender his picture so he knows not to serve my brother. But I'm so worried that something's going to happen and he won't be able to come, our wedding is three hours from where my family lives, or that he won't be able to be around alcohol or something....
Any one know how to deal with this or had experience? I've already broken down at the thought of him not being there