he was riding in the back seat of a friends car to a wedding party..when an officer pulled the car over for speeding...62 mph in a 60 mph..limit zone.(go figure..DPS)..the person driving did have som marajona in (her pocket, less than a quater of an ounce) witch she volentaty gave up when asked if she had any drugs on her..she was arrested on the spot..well my son is druge free he has inlisted into the Navy wich he has awated all yr. the DPS Officer asked him to step out of the car, proceading to ask him if he had any drugs on him...he said no..witch the officer said he was a lier.and stated that he was in the car with someone who had drugs and he was charged with a paraphernalia drug charge..( witch he didn't have nothen in his posession..not even a cigerette...) he told the officer he didn't have any thing and stated that he was going to the Navy to serve his country...witch the officer replied ( your not now) ....the qustion is can he be charged, and do I hire a Lawer...??
2007-08-29 03:41:51 · 25 answers · asked by specialedy05 1 in Politics & Government ➔ Law Enforcement & Police
I suggest that you ask your son to explain what paraphernalia is. It sounds like the Officer found something. It would be advisable to at least speak to an attorney at this point.
2007-08-29 04:15:57 · answer #1 · answered by CGIV76 7 · 2⤊ 2⤋
He can be arrested if the officer believes he has probable cause to do so.
Only the DA can actually charge (based on the officers report and subsequent investigation)
I would hire an attorney. You might be able to get this whole thing to go away by explaining what you said here. Judges like people who are willing to serve their country (especially now). Tell them that a conviction would hurt his chances in the Navy.
The Texas DPS can be a bit self-righteous. I have dealt with the Texas Rangers (a division of the Texas DPS) on a professional level and have found that their reputation (one town, one Ranger -- or the crap you see on Walker, Texas Ranger) is pretty much that, crap.
Mildred
Please take a few minutes to read the constitution (the fact the GW does not read it does not negate your responsibly to do so). You are innocent until PROVEN guilty. That is the way it works.
2007-08-29 03:59:26 · answer #2 · answered by Mr. PhD 6 · 1⤊ 2⤋
Yes he can be charged, but if it happened the way you tell it, it won't hold up in court and probably will be dismissed. Of course we are assuming that your story is correct. I'm sure you got your son's side of the story and naturally believed that was all there was to it. I'm having a hard time believing that the vehicle was stopped for going 2 miles an hour over the limit. I would recommend hiring an attorney.
2007-08-29 04:29:19 · answer #3 · answered by chill out 4 · 1⤊ 0⤋
Yes he can be charged and No that does not mean he's guilty . Although he'll have to prove that he's innocent.
the police can charge and arrest anyone for anything. probable cause gives them a lot of leeway. the courts sort out whether they are guilty or innocent. i believe that it generally is said that if one person has drugs in a car , all the people in the car get charged and the judge sorts it out ?
i think having a drug paraphenial would be less charge than having a drug.
maybe he should have a drug test to prove he has not used any drugs for a year ? take that to court as evidence ? why would he need paraphenelia if he didn't use any drugs ?
i would hire a lawyer for sure . the lawyers fees would be worth it over the life of her son because a convinction will impact his earning potential / jobs etc. having a record of an arrest will be bad enough and that will never go away. having conviction will screw up his clean record.
I have heard that Navy Recruiters can also make this kind of a problem go away ? Not sure how that works exactly . But the theory makes sense. Also, if the matter has to go to trial , jury trail is better than a jbench trial udge deciding.
What an obnoxious remark for an officer to say !! This kind of conduct really outrages me !
Honestly , I will not lecture you but your son needs to be mindful of the company he keeps. Do you really think that he was in a car with this young lady and had no idea she had drugs in her pocket ? I would hire a lawyer to help him out this time, but let him know that in the future he will be on his own completely.
Has he considered college instead of Navy ? I mean waiting all year to go on the Navy ? He could have had one year of college completed. He'll get much better jobs with college ed than with the Navy experience. He'll also face less risks . Maybe this is a chance, to stop and reconsider ? He should not sell himself short of his opportunities. The Navy / Military Law is even harder law / more corrupt than the regular civilian law.
Good Luck.
2007-08-29 04:03:36 · answer #4 · answered by Mildred S 6 · 0⤊ 4⤋
hire a lawyer, because his word against and officer isn't very strong, but there is a law that if they find and drugs in or on someone usually the people in the car are charged as well, it happens all the time, the only way of avoiding this is to hire a lawyer
2007-08-29 03:51:09 · answer #5 · answered by Chelsea S 3 · 1⤊ 0⤋
Hire a lawyer. If your son was arrested, they usually search the person before they put him in the holding cell and if they did not find anything on him they have to let him go because the cop knows that this could be considered as false imprisonment. The lawyer should be able to clear his name and record of any charges. However, if you son is relieved of his duties as a result of this (lets hope not), you can bring charges against the Officer. Good Luck!!!
2007-08-29 03:58:53 · answer #6 · answered by Future FBI 2 · 1⤊ 1⤋
yes he can. Thats why we have trials and lawyers and all of that stuff.
Was he actually charged? My guess is he isn't telling you the whole story. Like everything else their are usually two sides to every story and the truth is somewhere in the middle.
If there is no evidence, he will most likely have the charges dropped. If there is and he had stuff on him, then someone is lying.
Now is the time to spend the money and hire a lawyer. He may have been charged soley because drugs and paraphenalia where near him and nobody owned up to it being theirs, so everyone goes. Thats life and a consequence of hanging out with people doing illegal activities.
2007-08-29 03:55:10 · answer #7 · answered by Anonymous · 3⤊ 2⤋
technically, yes the law can charge him anything they want to , the main thing is can the charge actually be brought thru the DA na prosecuted...if he didnt have anything, there shouldnt be a problem, but i would hire your son the best lawyer you can buy...yes buy..not just afford! ;) and fight this charge...if your son already has a recruiter or is enlisted, he might want to tell his commanding officer or recruiter the same thing and perhaps they could help as well...there is a possiblity your son did in fact have something on him but he doesnt want to admit to you...nonetheless, get a lawyer first and firstmost before you do anything else!!
2007-08-29 03:53:43 · answer #8 · answered by momma again 3 · 3⤊ 0⤋
He can be charged, anyone can be charged with a crime. Being in a car that was stopped by a cop, and if the cop finds drugs is enough probable cause to charge you with a crime. You might want a lawyer, but since there's no evidence against your son I can't imagine they'll find him guilty of anything (they can't).
2007-08-29 03:56:38 · answer #9 · answered by Pfo 7 · 0⤊ 1⤋
Anyone can be charged with anything, at anytime.
it doesn't mean it's true.
i would not usually advocate hiring a lawyer in these circumstances, but seeing as how it is a blemish he does not want on his record before entering the military i would hire a lawyer.
also if he is already signed up, he can consult with a JAG officer. have him check with his recruiter.
2007-08-29 04:49:08 · answer #10 · answered by Anonymous · 1⤊ 0⤋
They can charge him but that doesn't mean they have a legitimate case. If he did not have any drugs on him then he can have the other passengers in the vehicle testify to that affect.
In criminal law, there must be physical evidence to substantiate the charges and the prosecution must prove you guilty. I would recommend calling for a jury trial and having your son testify if he has an otherwise clean criminal background.
2007-08-29 03:48:57 · answer #11 · answered by Anonymous · 1⤊ 1⤋