My little brother was busted for marijuana possession last night, whats going to happen to him now?

Posted by on . 15 comments.

My mom and I bailed him out of jail last night (to the tune of 0) What happened was he didnt have a licence plate on the front of his car, so the cop pulled him over and asked to search his car, and in his guitar case he found a small baggie and a pipe. The officer also gave him a field sobriety test, but didnt tell my brother if he failed or passed. If he failed he would have gotten a DUI, right?
He was charged with a mistameanor for possesion of marijuana and a pipe. So what is going to happen to him now? Will he do jail time? Probation? Community Service?


FYI, I know drugs are illegal and he probably "deserved it" but he is still my brother and I love him and want to know what is going to happen to him, so spare me the "he shouldnt be doing drugs" lecture, I just want to know what is going to happen to my brother.

Thank you.
He's 20 years old

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  1. karmah8081 says:
    April 4, 2010 at 11:23 pm

    He will go to court and more than likely if this is his first offense he will get probation about two years I would say. They will however random drug test him and if he violates he will go to prison. I hope he learns his lesson and everything works out.

  2. hamster wuv says:
    April 4, 2010 at 11:23 pm

    well he was charged already but he will have to go back to court for another time and they will see what they have to do

  3. Nancy ;) says:
    April 4, 2010 at 11:23 pm

    How old is he? His age will determine a lot.
    My friend, 16, was found with weed twice – still has another warning before any major trouble.

  4. Scullycj says:
    April 4, 2010 at 11:23 pm

    The people of New York are represented by 2 Separate yet equally important groups, The police who investigate the crime and District attorney’s office who prosecute the offenders… here are there stories *DOINK* *DOINK*

  5. puckstuckny6 says:
    April 4, 2010 at 11:23 pm

    First off if its his first offense, no he wont do time at all. Most likely have to pay a fine, and possibly community service, maybe even an ACD ( which is like probation, except you dont have to report to a probation officer. He just has to stay out of trouble. Depending on his age and the DUI or DWI, he may have his license taken away until he is 21. If the amount of weed was under a certain amount (usually like a 10 bag) its only a violation, so it must have been more for him to get a misdemeanor (at least here in NY). Hope this helped. Good Luck!

  6. JAMES C says:
    April 4, 2010 at 11:23 pm

    Its a misdemeanor, it carrys up to 93 days in jail. If its his first most likely he’ll be on probation for awhile. Don’t worry to much over it, he’ll be fine.

  7. ecleeze says:
    April 4, 2010 at 11:23 pm

    A lot of it depends on how much marijuana he had. Just a little and a pipe….Probably probation and maybe some community service. That’s in Pa. If it was a lot well that’s a different story. Then you are talking jail. As far as the DUI he would have had to get blood, breath, or urine taken, or if he refused to get any taken to be charged with a DUI.

    Although it is ultimately up to the judge what the sentence is.
    To be safe get an attorney so the DA doesn’t hang him out to dry.

    First offense he would probably get ARD (Accelerated Rehabilition Disposition) He would get probation then after a few years it would be considered as if it never happened.

    get an attorney

  8. smile says:
    April 4, 2010 at 11:23 pm

    get a his first lawyer. expain that it was to smoke not to sell if it is his first case they may throw it out or he may get probation tell him to get into a treatment program and get focused on school. He must get his life straighten out help him be there for him he needs u . please help with his stress before he travel on to something else. Now the car thing is something else was it his car. i wish your family the best . think positive and prey

  9. Mr. Wiseguy says:
    April 4, 2010 at 11:23 pm

    if he does probation before judgment the punishment will be better for him.

  10. loopster316 says:
    April 4, 2010 at 11:23 pm

    Well first of all, never ever ever give an officer the right to search your car if you have drugs or not. Depending on the amount of pot and how strict the county is on it he could get a little jail time but more than likely a fine and probation. As for the field sobriety test, the officer should have told him why he was specifically being arrested for. If the officer didn’t tell him it was a DUI and never offered a breathalyzer test than you have a case to dispute the DUI charge if it comes up.

  11. >Stanley The Plummer< says:
    April 4, 2010 at 11:23 pm

    I don’t think he would do any jail time. However it is advisable that you make sure your brother doesn’t get caught with anything else while awaiting to see the judge for this matter. See what happens is that some people get caught for the first time and while they are awaiting their court date, they get caught again which add fuel to their first case.

    As far as your brothers current concerns it’s really hard to tell what’s going to happen. One thing is for sure he might not do time. Depending on how much stuff they found on him. It depends on the judge who will sit over his case and it depends on the prosecutor if he has enough evidence to make your brother suffer through a plea deal. Like for example 5 years of probation, plus community service and a fine.

    If your brother wants to be smart he should admit his self into some kind of drug rehab for like 30 days. Bring the paper work from the drug rehab with him to court to show the judge he made a mistake and to show that he is willing to change. This can help him with respect to how the judge would sentence him.

    Good luck!

  12. butchwalsh82 says:
    April 4, 2010 at 11:23 pm

    how much weed did he have with him? it was probably less than 2 pounds, and porbably only in one baggy. if it was then he would get a fine and suspenssion of his driving privilages for being under the influence of illegal drugs while in control of a motor vehicle. maybe have to join one of those support groups. now all this was if it were to happen in arizona.

  13. Clueless says:
    April 4, 2010 at 11:23 pm

    it’s going on his record for sure now

    but i dont think he will do jail time there isn’t enough space in jails for misdemeanors
    but he probably needs to pay a fine or something

  14. Keith says:
    April 4, 2010 at 11:23 pm

    The Judge will order the Sheriff to hang him by the neck until he be dead the day after he is convicted

  15. D.C. B says:
    April 4, 2010 at 11:23 pm

    He will probably just get a fine if this is the 1st time. He should talk to a lawyer.

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