Can you get a felony charge for crossing guard lines with a very small Marijuana Roach?

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My husband was locked up for DUI Less Safe, he was search I posted bail . Then I got a call from the bondsman and was told he couldn't get out because he was charged with crossing guard lines. I waited to the next day for first appearance court and bail was set at $4000. They said it was a Felony charge. By the way he does not smoke or Sell Marijuana. He said when he was searched again the officer said they found the roach but never showed it to him. He offered to take a drug test to prove he did not smoke. They did nothing. When the did show him the Marijuana roach it was on a picture as evidence in a bag. Can the charge be dropped? What do we do now? We don't have any money for a lawyer.

Attorney Answers

4
Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
That felony charge is defensible. He obviously needs a lawyer for that charge and for the DUI. If you truly cannot afford to hire a lawyer, apply for the public defender.
0 upvotes
James Yeargan ·
Yes. You can definitely receive a felony charge for this. It sounds like he has a good defense against this charge. He also needs a qualified DUI attorney to defend him.
0 upvotes
Jennifer Snyder AdamsFamily Law AttorneyAtlanta, GA ·
yes they can. It doesn't matter that he didn't smoke and they don't have to show him. They will write a report explaining where they claim to have found it, why they claim its his, etc. You will hear all the evidence at the preliminary hearing. Yes, it can be dropped but you're going to need a lawyer to defend him.
0 upvotes