POA

I had a learning disabled 30 year old but otherwise competent client charged with smoking weed in public - the prosecutor wasn’t even seeking jail time, although she could’ve faced up to thirty days, they just wanted her to do a drug evaluation and follow through with any recommendations.

She claimed it was her first and only time smoking weed and she didn’t want to do it again so there probably wouldn’t have been any issues. There wasn’t really a defense as she was busted in a car full of people with the smoke pouring out and readily admitted to the cops that she smoked weed. (Really all we could’ve gone with is she might’ve thought she smoked weed but it could’ve been parsley or something - but the cop was in court and could ID the pot smell anyway.

The case was majorly complicated by her overbearing mother who “had a guardianship” over her and had to approve any plea agreement per her and my clients words. I’d go over the plea offer with her which never changed but she’d always reply “I have to check with my mother first.”

The mother was majorly obnoxious and would continue to harangue me that they never drug tested her daughter and refused to understand that’s not a required element to prove.

Case got a lot easier and finally resolved once I told the mother to produce guardianship papers or stay out of our privileged conversations.

/r/publicdefenders Thread