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Sould my son get a lawyer? PIOG

Posted by on Aug. 7, 2010 at 10:25 AM
  • 9 Replies

My son (21) got pulled over last week because his license was expired.  Turns out it wasn't. The secretary of state screwed up and it isn't due for renewal till 2013. However the officer put my son into his car and then searched it (we believe his ex girlfriend set him up because she works with this officers wife and lives in the same apartments, he is also being charged with trespassing because he went to the apartment to try and get his laptop back. She didn't let him in and said she had put it out with the rest of his stuff so my son left.).

When the officer searched he found a bottle of Jack with the seal broke (he wasn't drinking and it was from the night before under some clothes) they also found some pot. My son says they had no right to do this because they had no probably cause. I'm not saying what my son did was right but do you think the police have a case and should he get a lawyer? How should he plea? How do you get a probono lawyer?

by on Aug. 7, 2010 at 10:25 AM
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Replies (1-9):
ame4c
by Bronze Member on Aug. 7, 2010 at 11:00 AM

Yes he does need to get a lawyer and the court can apoint one to him if he wants a free one.  If he doesn't have one by the time he goes to court, then he needs to plead "Not guilty" and ask for a court appointed attorney.

However, you may think about hiring one.  I know you may not have the money, but a court appointed attorney will not work as hard for you and will not use a PI, which it sounds like you need to prove that this was basically a set up.  You are going to need to prove that this officer knows his girlfriend and that they are friends.  The courts will see this officer as an angel of god and will take his word without much proof.  You have to discredit the officer before you will win this case.

Good Luck!

aenima49
by on Aug. 7, 2010 at 11:06 AM

Yes, get a lawyer.

A must watch, especially for teens: http://www.thisistrue.com/blog-dont_talk_to_the_cops.html

AmyG1976
by on Aug. 7, 2010 at 11:07 AM

 he should not of let them search his car granted it was prob illigal search and seizure BUT they can get away with that all they need to do is give a reasonable cause.  to get a probono lawyer u have to fill out a form and have a judge sign it. u ask a judge for a court appointed atty when u go to court the first time.  if you cannot afford a lawyer/fall under the income limits they will give him a lawyer if he does not than he will have to pay for one himself

Angiebooboo
by on Aug. 7, 2010 at 11:38 AM

The judge will tell him if he needs a lawyer when he pleads, as far as the weed it all depends on how much he had, my son had a joint and got the 7411, which is after he pays his fines and probation it will be wiped from his record.  We got to get that because he has never been in trouble before, because now every charge you get is a life long sentence, and sence he is young this is his chance to prove that he is not a trouble maker. And no he did not need to get a lawyer.

mumsy2three
by Shauna on Aug. 7, 2010 at 3:46 PM

I'd look for a lawyer.

shell81
by on Aug. 7, 2010 at 7:20 PM

 Yes he should BUT the cop can say anything as for the reason for searching the car. I can not stress enough they can bring up any reason out of their mind to search the car.. So that might not work. I say get a lawyer and then what ever happens happens cause I know he is young and he has to learn about the weed and open bottle. Even though he was not drinking you can't have a bottle with the seal broke and the weed he will learn in time.

                                           ~Shell~
Group Owner Of - Moms With Blended Families 
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MrsBLB
by on Aug. 7, 2010 at 8:02 PM

BUMP!

acrackednutiB
by on Aug. 7, 2010 at 8:24 PM

Yes he can!  That's why you should hire a lawyer!  Also tell your son to get into the habit of ALWAYS locking his door on exit of the car!  And always reply to the p.o.'s ?'s about it "Its habit sir/ ma'am."  and to constantly say (cameras on cop cars ;-) ) "I do not consent to search sir/ma'am"  The minute that car Is locked there is the chance of it all being dropped or lessened due to illegal search and seizure!  Unfortunately once the cops get into the car they can say anything to establish probable cause  after all they ARE allowed to lie to get a confession!

Quoting shell81:

 Yes he should BUT the cop can say anything as for the reason for searching the car. I can not stress enough they can bring up any reason out of their mind to search the car.. So that might not work. I say get a lawyer and then what ever happens happens cause I know he is young and he has to learn about the weed and open bottle. Even though he was not drinking you can't have a bottle with the seal broke and the weed he will learn in time.


mom661992
by on Aug. 8, 2010 at 12:30 PM

my son got caught with pot and went tot court last week, he was told by the prosecuter to plead not guilty and they would have him sign a  contract with the city that he wont get into any trouble for a year , he has to take an online drug class and pay $150 fine. , and if he does all this then it wont go on his record. he did not get a lawyer, it was just a municipal court. ( he got caught the day before he turned 18.) good luck.

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