So the police raid a house and only find barely a gram of weed in a book bag. If the police arrested the kid for possession with intent to distribute based on some other minor factor (e.g. two empty plastic bags) then what will happen is the prosecutor will offer a standardized deal to the public defender.
The public defender will say to the defendant, here's the deal - 1 year in jail, 3 years probation where you lose your 4th amendment right and also these drug classes that are costly and burdensome.
The public defender will encourage the defendant to take the deal. "Or you will lose at trial and you will be sentenced to 3 years in jail."
The point is, the police can arrest anyone for anything. And the prosecutor can add charges that are unrelated 6 months after the fact. Anything goes in a plea deal and it is a terrifying and troubling reality.
The public defender will say to the defendant, here's the deal - 1 year in jail, 3 years probation where you lose your 4th amendment right and also these drug classes that are costly and burdensome.
The public defender will encourage the defendant to take the deal. "Or you will lose at trial and you will be sentenced to 3 years in jail."
The point is, the police can arrest anyone for anything. And the prosecutor can add charges that are unrelated 6 months after the fact. Anything goes in a plea deal and it is a terrifying and troubling reality.