My son was pulled over for faulty equipment on his car. After the tickets were written the office said he acted nervous (who wouldn't) then asked to search his car and him. He had 1/2 oz of pot on him and now will be going to court for that. Several of his friends say that was entrapment and should get a lawyer. I think he just needs to go to court and admit his guilt. We live in Virginia. Any ideas or suggestions?
2007-06-07 01:13:10 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
i live in Va a "friend" kept asking me to get him a bag, i finally did, two occasions, he was working for the cops, set me up with their money, so he could walk free on his drug charges, so entrapment is no longer an issue, they set people up everyday, thats how they make their busts, the best thing to do is plea it out guilty, they will fine him and maybe probation if its a first offense, never have more than that with you or they get you for distribution too, which is what I was charged with FFX county is known for using snitches to make a bust, then they want you to rat out as many as they say to walk, I chose to keep my mouth shut and accept a felony plea with no jail time, but 2 yrs probation and 50 hrs com. service, nice world we live in????? also get you son a lawyer if you can afford it, or a public defender, keep in m ind they are no longer free either unless you win the case. They wouldn't have a job, these undercovers, if it weren't for drug addicted snitches and they tried to convince me to set up people they couldn't get their snitches to touch because of the danger, they do not care about the pot, its the conviction I know cops who's wives smoke pot, do coke you name it, its a job.
2007-06-07 05:39:02 · answer #1 · answered by beachy 6 · 0⤊ 1⤋
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2016-06-10 12:37:28 · answer #2 · answered by ? 3 · 0⤊ 0⤋
There is the "key": you said the officer 'asked' your son for permission to search the car. Your son was under no obligation to consent to the search. At the very least, the police could have still searched but not until they had secured a search warrant. But your son gave consent so that will be hard to get around unless you want to argue acquiescence.
You really need to get a lawyer. See if an APD at the PDO can represent your son (that is, assuming you qualify financially...which they would be able to determine after you fill out a financial affidavit).
Entrapment is not a good argument for your son's case.
What your minor son is facing, most likely, is the charge of violating 18.2-250.1 and with that carries a sentence of anywhere from 0-30 days in jail or juvi jail..depends on how they adjudicate him (as a minor or as an adult)...you never mentioned his age.
2007-06-07 01:56:30 · answer #3 · answered by QueenLori 5 · 0⤊ 0⤋
I'm thinking he was nervous because of the pot. If the officer asks and he denies, he's admitting guilt and would have been processed. I would also think that the car had an aroma of marijuana which gave the officer cause to ask.
Several of his friends are totally wrong. Which with todays youth doesnt surprise me.
Entrapment is by definition:
In jurisprudence, entrapment is a legal defense by which a defendant may argue that he or she should not be held criminally liable for actions which broke the law, because he/she was induced (or entrapped) by the police to commit said acts. For the defense to be successful, the defendant must demonstrate that the police induced an otherwise unwilling person to commit a crime. Entrapment is an issue that must be considered in designing sting operations.
(Wikipedia)
Your son was not trapped or induced by the police to have the weed in hs car, so that wont work.
Get a lawyer, plead guilty, do the time (most likely probation) and steer clear of the Wacky Tobacky.
2007-06-07 02:31:48 · answer #4 · answered by rand217 2 · 0⤊ 2⤋
The cop asked if he could look in his car and your son said yes. That was a horrible mistake. The cops always screw something up so if he just kept quiet he would have been ok. They would have made him sit there while they got a warrant then any lawyer worth a crap could have gotten it kicked. He pretty much hosed himself by waving his right to privacy and not forcing the cop to get a warrant. He won't beat it without a lawyer and it's 50/50 with a lawyer. If you or he has the money for a lawyer, I would suggest getting one. If not, he should plead no contest and learn a valuable lesson about keeping his mouth shut when a cop is there. In VA he will get community service (about 40 hours worth), have to pay some fines, have to attend VSAP classes weekly, and have his drivers licence restricted for 6 months. The restricted licence will allow him to only drive to work and court appt stuff. Between your son getting caught and Paris Hilton being in jail I can finally get a sound nights sleep.
2007-06-07 02:45:42 · answer #5 · answered by Doug 4 · 0⤊ 0⤋
The legal definition of entrapment is to entice someone to commit a crime that they would have not otherwise committed,so that defense won't apply. Search is judged to be voluntary if officer has returned the subject's paperwork. At that point the officer can ask for a consent search. The driver is under no obligation to allow the search unless the officer establishes probable cause by use of any of his senses,sight,smell hearing etc. Don't know how case law works in VA,but that is the standard in most states and has been declared constitutional.
2007-06-07 02:26:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Not entrapment but good Police work. The stop was for a valid violation. The officer gained consent to search and then conducted the search and found the drugs. Standard police work.
Entrapment would have been if the officer somehow encouraged your son to possess marijuana and then arrested him for it.
If it was my son I would be punishing him worse then the courts could and not worrying about the loopholes.
I wish this section of Yahoo! Answers would play that signiture Law and Order sound. This place is full of its viewers.
2007-06-07 01:28:47 · answer #7 · answered by El Scott 7 · 3⤊ 2⤋
Looking at what you have said, the best thing is speak to a local attorney. First the officer had a legal right to stop the vehicle, and issue a citation. He then asked, and presumably received permission to search both your son and the vehicle. Normally I'd agree to let him go to court, but a guilty finding can affect him years from now, in getting certain licenses or permits. An attorney can best recommend how to approach this, and get it found not guilty. A frank discussion with your son should follow.
2007-06-07 01:27:31 · answer #8 · answered by Beau R 7 · 1⤊ 1⤋
your son was an idiot to consent to the search.
you ought to better inform him. you ought to have taught him about faulty equipment on his car.
and hello, did you even look up entrapment?
entrapment is when the govt creates the crime and lures you into it - like delorian.
your son definitely needs a lawyer and should not go admit his guilt. this is serious time he's facing. the drug laws are reprehensible, but we are stuck with them. your son can go to prison for this, ma'am.
get active. you haven't taught him much to this point, but nows the time to be engaged. get him a lawyer and try to save his freedom.
and have him pay for the lawyer when he can.
2007-06-07 02:46:07 · answer #9 · answered by cranberrychutney 2 · 0⤊ 0⤋
It is not entrapment. He gave the cops permission to search the car. Tell your son to stay away from the drugs, then he has no reason to fear the cops. Look at it this way, maybe this will be enough of a lesson so he will straighten out and fly right.
2007-06-07 01:20:13 · answer #10 · answered by Anonymous · 2⤊ 1⤋