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Old 07-29-2005, 12:26 PM   #1
Frusterated
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Son Arrested

Help. My 17 year old son was arrested for facilitation to traffic marijuana within 1000 yard of a school. A felony. The passenger admitted to purchasing the 1/4 of a ounce of pot from a guy for $39.00 and he gave the name and number of the seller to the police. The 2 kids in the backseat were sent home. My son's car was impounded and we are being told they will try and seize if for sell at auction.

He says he can pass a drug test and that he was only driving him over there because he said he would give him gas money.

I don't know what to do. We are lost.

Frustrated
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Old 07-29-2005, 01:04 PM   #2
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Just get good criminal counsel. It may suck that your kid got arrested and all that stuff, but it's not about fairness or any of that stuff now; it's just about getting him the best possible deal or resolution. Get competent criminal counsel, and make sure that you personally understand the consequences of probation (may make your kid a felon) or drug convictions in general (may make your kid ineligible for federal financial aid).

It sounds like a bench trial on the merits might be a good idea, but there is a lot of risk associated with that.

Good luck.
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Old 07-29-2005, 03:35 PM   #3
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Quote:
Originally posted by mmm3587
Just get good criminal counsel. It may suck that your kid got arrested and all that stuff, but it's not about fairness or any of that stuff now; it's just about getting him the best possible deal or resolution. Get competent criminal counsel, and make sure that you personally understand the consequences of probation (may make your kid a felon) or drug convictions in general (may make your kid ineligible for federal financial aid).

It sounds like a bench trial on the merits might be a good idea, but there is a lot of risk associated with that.

Good luck.
Not that I've encountered it first hand, but this strikes me as a not atypical approach to cooerce cooperation from him. You'll definitely need a lawyer familiar with the local DA (hope this isn't federal), and try to get a plea before the passenger with the pot gets one, because he might try to cut a deal too, and rat out your son to reduce his sentence.

Bottom line, though, get a good lawyer, or at least one familiar with this type of crime. Go to the local bar association if you need help identifying someone good.
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Old 07-29-2005, 03:45 PM   #4
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Son Arrested

Quote:
Originally posted by Frusterated
Help. My 17 year old son was arrested for facilitation to traffic marijuana within 1000 yard of a school. A felony. The passenger admitted to purchasing the 1/4 of a ounce of pot from a guy for $39.00 and he gave the name and number of the seller to the police. The 2 kids in the backseat were sent home. My son's car was impounded and we are being told they will try and seize if for sell at auction.

He says he can pass a drug test and that he was only driving him over there because he said he would give him gas money.

I don't know what to do. We are lost.

Frustrated
Get a local lawyer who's wired in at whatever courthouse you're in. You want a guy who can get the prosecutor's ear. An ex prosecutor is a good idea.

Also ask the defense lawyer if he knows forfeiture law. Its an ever changing area, and a crim law subspecialty.

Bring your checkbook and be prepared to pay thousands of dollars up front when you meet the lawyer. Do not start out by saying you have no money and need a deal. The guys who do that work well go deaf when they hear that. And the guys who'll take the case on the cheap are the guys you don't want. They'll take the retainer $$ and give you shit service.
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Old 07-29-2005, 03:58 PM   #5
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Son Arrested

Quote:
Originally posted by sebastian_dangerfield


Bring your checkbook and be prepared to pay thousands of dollars up front when you meet the lawyer.
In other words, tell your son that his car is gone--it's now just a question of whether the government sells it for him, or you sell it for him to pay his lawyer.
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Old 07-29-2005, 04:08 PM   #6
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Son Arrested

Quote:
Originally posted by Mmmm, Burger (C.J.)
In other words, tell your son that his car is gone--it's now just a question of whether the government sells it for him, or you sell it for him to pay his lawyer.
His car is not gone by any means. There have been a lot of good pro-defendant forfeiture rulings in the past few years. You can sometimes also use the asset as part of a plea deal.

I'm just saying "you get what you pay for." Don't fuck around, particularly if the portion of the South she's in is White Trash Jesusland.
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Old 07-29-2005, 04:10 PM   #7
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If you are truly indigent and can't afford to plop down 2-3K for a private criminal defense attorney, you may be able to get a public defender to represent your son.

A lot of people are deathly afraid of using a public defender, but in some areas of the country, the public defender is the most experienced criminal defense attorney around.

And, even if you're in a major metropolitan area where the PDs have huge caseloads, they generally have good relationships with the prosecutors because they see each other in court on a daily basis.

Some jurisdictions have a list of attorneys willing to take criminal defense cases on a pro-bono (for free) basis. Alot of times the people willing to do this are very good attorneys at top notch firms that actually allow their associates to do some pro-bono work. Check with the local bar association in your area.

Good luck.
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Old 07-29-2005, 04:56 PM   #8
Hank Chinaski
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Son Arrested

Quote:
Originally posted by Frusterated
Help. My 17 year old son was arrested for facilitation to traffic marijuana within 1000 yard of a school. A felony. The passenger admitted to purchasing the 1/4 of a ounce of pot from a guy for $39.00 and he gave the name and number of the seller to the police. The 2 kids in the backseat were sent home. My son's car was impounded and we are being told they will try and seize if for sell at auction.

He says he can pass a drug test and that he was only driving him over there because he said he would give him gas money.

I don't know what to do. We are lost.

Frustrated
Tell your son not to hang around with the friend who bought the drugs. the kid rolled over much too quickly on his supplier and cannot be trusted. Plus, depending on how powerful the supplier is, it may not be safe to be seen travelling with the rat.
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Old 09-02-2005, 05:40 PM   #9
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Son Arrested

[quote]Originally posted by Hank Chinaski
Tell your son not to hang around with the friend who bought the drugs. QUOTE]

Just say no.
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