My son was 14yrs old, three years ago and charged with possion of marijauna of less than 20 grams. The state of Florida extradited him back from his home in Virginia for absconding from probation. This is just crazy, he is now sentenced to a level 6 program in Florida. 6 to 12 months for a joint.How does this make him a better citizen? Who can we get to help us fight this?
2006-09-25 07:25:55 · 9 answers · asked by rockpendragoon 2 in Politics & Government ➔ Law & Ethics
He wasn't sent back for the misdemeanor but for violation of probation. And as RJ said, it wasn't exactly extradition. Not unless he was in a foreign country.
There are relatively young people serving very long sentences -- like 30 years -- for possession of relatively small amounts of drugs, especially in the South.
It's a poltical issue. Those who don't like such laws should move to Canada, the Netherlands, Switzerland, Great Britain. The USA has an anomalous and vituperative legal system. Having a great deal of money for an expensive legal team can turn it around, as O.J. Simpson found. Or not, as the late Ken Lay found. And much depends on in which state the defendant is tried.
The USA has a higher proportion of its citizens in prison than any other country. And when one looks at African-Americans the percentage of males in prison is astronomic.
A reflection on the society and its choices and politics, I suppose. The South is quite different from the North in many ways, including criminal law and prosecutions.
The country has come a long way since the early 20th century, when cocaine parties were common. Armbruster (I think his name was) convinced the country that marijuana would lead to heroin and crime, and that legacy remains even where medical marijuana is concerned.
2006-09-25 07:43:18 · answer #1 · answered by Anonymous · 2⤊ 0⤋
According to the legal technicalities, juveniles are not actually subject to "extradition". At least, not in the same way that we are used to thinking about it. They can still send him back, but he does not have the options to fight it that an adult does.
An adult can either fight or waive extradition. If they choose to waive it, then away they go. If they choose to fight it, they go in front of a judge and have a hearing. Very, very rarely will a judge deny the other state extradition. The circumstances would have to be extraordinary showing that there would be danger for the person to go back. If they get extradited, an officer from the agency that wants them will come get them and transport them all the way back.
A juvenile does not have the option of fighting. There is an interstate compact regarding juveniles. The states have an agreement that they will send back a juvenile, so long as the agency that wants him will pay for the plane ticket. Generally, they will have an officer escort him and put him on the plane, but not go with him. Then at every layover, an officer from wherever the plane stops will meet him at the gate and escort to the next plane. At the end of the line, an officer will pick him up at the gate and transport him to the youth detention facility.
As for how this makes him a better citizen, the same question can be asked of any sentence given to any person who is incarcerated. But in this instance, it will help to show him that he cannot escape the consequences of his actions. He received probation because he screwed up. If he had followed the rules of his probation, he would not be in the situation he's in now. Since he decided not to follow the rules, he's gotta pay the penalty. I don't expect you to agree with me on this, but that's how I feel.
And as for who you can get to fight it, find a good lawyer. You should get one that specializes in, or at least has a lot of experience, in juvenile law. The juvenile court system is a whole other world from the adult system. Make sure the lawyer you get knows the ins and outs of the juvenile system, or they won't be as effective as they could be.
2006-09-25 07:42:59 · answer #2 · answered by RJ 4 · 0⤊ 0⤋
The likelyhood is fairly slender for extradition for a DUI. We somewhat flow over 100 and fifty miles for warrants like that. yet, I assure you that your warrant has been entered into the NCIC gadget. that signifies that each and anytime you're stopped (no count number the position you're) and they run your license, you'd be waiting for 10-20 minutes till that organization states that they are unlikely to extradite you. because it really is only a misdemeanor warrant, there are techniques to look after the count number. call that city or county police/sheriff's branch and clarify that you reside out of state and that you want to bathe the warrant through charge. till there is needed penal complicated time that should be served with that state, maximum will paintings with you to unravel the warrant. only shop in ideas, if a clean pastime asks you to get a heritage examine, it is going to arise with you having a warrant on your arrest. look after this now earlier it is going to change right into a significant problem for you later.
2016-11-23 20:57:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What were you doing during all of this? Did you and your son know the terms of his probation? Why did he break probation? Did you say it was okay to break probation?
He violated probation. This punishment isn't about the joint. This is about his lack of respect for authority, and yours as well.
You probably are a person that wonders why we let murderers out after 20 years only to have them commit more crimes, but you can't understand why your son should have to serve his time.
Don't spend you money on a lawyer, spend it on a civics class. That's a start on how you can make him a better citizen.
2006-09-25 09:23:08 · answer #4 · answered by ? 5 · 1⤊ 0⤋
Many states have, as a term of probation, that the juvenile and his/her parents will pay the costs of extraditing the juvenile back to the original state if they leave without permission. In Indiana, our standard terms and conditions say that, even with permission, a probationer cannot leave the state without agreeing to return to the state upon request of the Probation Department, and to pay all costs of bringing the probationer back.
You should have asked permission to transfer your son's probation before you moved. You screwed up by allowing your son to leave Virginia without permission, and your son has to pay the cost as a result.
2006-09-25 14:31:11 · answer #5 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Our government has become the problem instead of the solution. Six to twelve months for a joint is more than a lot of people getting for motor vehicular homicide under the influence of alcohol (which, amazingly enough considering how bad it is, is a "legal" drug). Look, alcohol kills tens of thousands of people every year, cigarettes kill hundreds of thousands, and pot kills exactly zero, so that tells you how screwed up the priorities of our country are. As another example of upside-down (and backward) thinking, right now we're doing the same thing in Iraq that we did in Vietnam, by which I mean we are causing the deaths of literally tens of thousands of Iraqi citizens to "save" them. What I'm trying to explain here is that it is very difficult if not impossible to get justice in our unjust society, just as it is unreasonable to expect rationality from our irrational legal system. I'm sorry if I couldn't be more hopeful and optimistic in my analysis of why your unfortunate son ended up being caught in the gears of this monstrous anti-social construct we call our "democracy" and how he could subsequently be freed from this bizarre fix he's in, but I guess sometimes the best one can do is to call a spade a spade. That being said, I do most certainly and sincerely wish both you and your son all the best in your valiant efforts and attempts to fight the Establishment!
2006-09-25 07:51:19 · answer #6 · answered by backinbowl 6 · 0⤊ 1⤋
there has got to be more to it. I cant see any state wasting money on an extraditing hearing or the the cost of transportation over a misdemeanor
2006-09-25 07:33:12 · answer #7 · answered by oderus138 2 · 0⤊ 0⤋
It may seem overkill but when push comes to shove, your son was plain wrong. What is it you want to fight exactly? Let him suffer the consequences. A 14-year old with dope isn't a good sign. Maybe it will scare him into being a better citizen. I can see he isn't gaining any fantastic morals from his parent(s).
2006-09-25 07:36:42 · answer #8 · answered by Zelda 6 · 0⤊ 0⤋
your son is a moron....for 6 to 12 months he won't be selling drugs to other kids. next time you talk to him tell him: stay with the GED program in jail/don't do drugs in jail.......but I suspect he will have to get busted 2 or three more times until he figures it out!!! how old were you when your son was born?
2006-09-25 08:10:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋