Recently my son was arrested for 2 grams of cocaine and a scale and when the vehicle was searched 35 grams was found under the passenger seat. There was a guy who was 'networking' for the police who my son states had to have put this under the seat as he only had $100 to purchase the 2 grams.This is the first time in my son's life he has ever been arrested for anything like this. My son swears that he is being framed for the 35 grams and that all he had was the 2 grams and the scale. What can be done? Also, can his vehicle that is impounded be released to his wife upon payment or does the law enforcement get to 'keep' his vehicle?
2006-09-15 01:03:36 · 13 answers · asked by sharonshown 2 in Politics & Government ➔ Law & Ethics
either way you are talking felony...any amount of cocaine is felony possession (at least in NC). Sounds to me like your son is hanging out with the wrong crowd. The police will "keep" the vehicle until the case is disposed as evidence. The judge can decide to keep it or return it to the owner.
2006-09-22 03:10:35 · answer #1 · answered by CC 2 · 0⤊ 0⤋
Ok, have a number of questions here. Why was he stopped in the first place? ( tail light out of wack, speeding, illegal passing, etc. you know something small ) I have heard of many cases like this where everything was dismissed as there was no cause for search and seizure. And that scale thing, I agree with the above poster about that there scale. Just having the scale proves the intent to distrubute. Just like if a person had an ounce of pot, and it is all weighed and bagged up, intent to distrubute comes into play, not just possession. As for the car and the monies, they are gone. Law prevails here. He was using the car, don't matter to who it is titled to. He was using it to transport / distibute drugs. Belongs to the authorities now, unless his lawyer can prove illegal search or unwarranted search. Good luck. 35 gms of cocaine? That is alot, I would be for asking where he got the money for that in the first place, if in fact it was his. Was he peddling it for someone else? He says it wasn't his. Why then did he have a scale: As the above poster made an excellent point there. Hmmmm. Not saying I don't believe him as things like that happen in so called "sting" arrests. Perhaps this will be a good wake up call for him.
2006-09-15 04:14:46 · answer #2 · answered by snobunny 3 · 1⤊ 0⤋
I'm not an attorney but you sure do need one. That being said, the U.S. Supreme Court ruled on this very issue, namely, whether an owner/operator of a vehicle may be criminally liable for drugs in the possession of another in the vehicle, or those drugs in the vehicle...and the answer is, yes...
I don't know what state you are on, but the penalties vary from state-to-state. The amount of narcotics found is probably considered a "presumptive intent to sell," which in itself is a bad thing.
Get a lawyer, and good luck.
2006-09-16 00:35:51 · answer #3 · answered by TurboLover 2 · 1⤊ 0⤋
Your son needs a very good lawyer. The police can say he was selling the cocaine and get your son for a high felony and manufacturing because there was more than 30 grams. The police can confiscate and keep the car if they so choose and you have no recourse. Get the lawyer the best you can afford.
2006-09-15 01:15:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The police get to keep the vehicle because it was being used to transport drugs. I would find a good attorney because he will need one. Since this is his first arrest he may be able to get probation. My question is if he only had the 2 grams why did he even need a scale?
2006-09-15 01:12:18 · answer #5 · answered by Sasha 3 · 2⤊ 0⤋
I am not an attorney and that is who you should be talking to. This is serious business. The scale can be construed as a device used to weigh cociane for sale. So he may be considered as a seller and that carries a stiffer penalty than just possesion. As far as I know the car can be kept until the investigation is complete. I really would talk to a lawyer to get the rights and laws that govern this type of crime.
2006-09-15 01:09:38 · answer #6 · answered by Anonymous · 2⤊ 0⤋
All of this is a matter for negotiation between your son's lawyer and the prosecutor.
Whether the car is returned depends on many things: who owns it, what liens there are (and whether they survive a police sale), the impact on innocent others, and so on.
Doubtless your son't lawyer will move to suppress the 35 grams.
2006-09-15 01:42:09 · answer #7 · answered by Anonymous · 1⤊ 0⤋
These are all questions to ask your son's attorney, only after reading the police reports and knowing your son's criminal history as well as knowing the specific laws for the locality where all of this occurred can anyone formulate answers to your questions. The only answers you get here will be guesses, so ask the attorney that will represent your son.
2006-09-15 01:10:17 · answer #8 · answered by ? 6 · 2⤊ 0⤋
Sorry...too bad ...so sad. We have laws...when broken there are consequences. I learned this at a VERY young age and it has kept me out of trouble for decades. I taught this to my children and the same has worked for them. Hopefully this will be the lesson that keeps him from further indulging and shows him that he needs to develop new habits and friends. Also, that our actions often affect others. If you're gonna do the crime...be prepared to do the time...and reap the results. This is to keep our society from anarchy. Pray for him.
2006-09-15 01:13:32 · answer #9 · answered by just me 3 · 2⤊ 0⤋
my only advice is get a lawyer and you might after that sit down and talk to your son. was he selling drug? or using whichever case you may have to offer him some drug treatment. I hoping it won't be necessary but you own to yourself and your son to find then you know which way to go in the meantime all I can do is pray.
2006-09-21 02:43:54 · answer #10 · answered by Anonymous · 0⤊ 0⤋