What to do if my 19 year old daughter and her boyfriend were pulled over and heroin found?

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What to do if my 19 year old daughter and her boyfriend were pulled over and heroin found?

Her boyfriend was driving and they had another friend. This friend has a previous record and has been in trouble with the law numerous times. This is my daughter’s first offense and the case in going to Superior court. Should I get her a public defender?

Asked on May 12, 2014 under Criminal Law, Pennsylvania

Answers:

Richard Southard / Law Office of Richard Southard

Answered 7 years ago | Contributor

You can only qualify for a public defender if a judge determines you are indigent.  If she is still living at home, a judge may take into account the assets of her family.  It sounds like she is facing felony charges which are incredibly serious and could mean jail time.  Depending on where the drugs were found, all occupants of a vehicle may be charged with possession based on New York's automobile presumption.  However, there may be a number of defenses available to her, such as an illegal search or the fact that she had no knowledge of the drugs, etc.  She should discuss the specific facts surrounding the stop and seizure of the drugs with an experienced criminal defense attorney as soon as possible.


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