crooked cops or is it their right??????????

[momma2411]

What is the name of your state? Texas,

My brother in law was recently taken in custody for throwing a wrench through a rear pick up window, while fighting with his girlfriend. The arresting officers know him and were not pleasant. When they asked if he had any drugs or parafinalia on his person he stated he did and tried to give a small amount of marijuana to the officer who refused to take it, but when took him into the correctional facility then charged him with a felony of having a controlled substance in a correctional facility.

Along with this charge they charged him with public intoxication, and domestic assult on his girlfriend who was in the truck when the wrench was thrown. He has been able to post bond and although has already spend 48 hours in jail is being held for an additional 24 in order for the officers to contact the "victim" that he will be released. Well normally this would make sense, however, she is the one posting the bail, she will be picking him up, and bringing him home, she has already told them she will not testify to the assult charge, and not only are they continuing to hold him for additional 24 hours but they refuse to let her see or talk to him at all. Can they do that?

And with that drug charge can they charge him when he offered to give up his stash and the officer refused?

[I AM ALWAYS LIABLE]

Originally Posted by momma2411

What is the name of your state? Texas,

My brother in law was recently taken in custody for throwing a wrench through a rear pick up window, while fighting with his girlfriend. The arresting officers know him and were not pleasant. When they asked if he had any drugs or parafinalia on his person he stated he did and tried to give a small amount of marijuana to the officer who refused to take it, but when took him into the correctional facility then charged him with a felony of having a controlled substance in a correctional facility.

Along with this charge they charged him with public intoxication, and domestic assult on his girlfriend who was in the truck when the wrench was thrown. He has been able to post bond and although has already spend 48 hours in jail is being held for an additional 24 in order for the officers to contact the "victim" that he will be released. Well normally this would make sense, however, she is the one posting the bail, she will be picking him up, and bringing him home, she has already told them she will not testify to the assult charge, and not only are they continuing to hold him for additional 24 hours but they refuse to let her see or talk to him at all. Can they do that?

And with that drug charge can they charge him when he offered to give up his stash and the officer refused?

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[CdwJava]

Originally Posted by momma2411

Well normally this would make sense, however, she is the one posting the bail, she will be picking him up, and bringing him home, she has already told them she will not testify to the assult charge, and not only are they continuing to hold him for additional 24 hours but they refuse to let her see or talk to him at all. Can they do that?

Yes. If the law requires this procedure, then this is what they can do.

In more than 3 of 4 cases the victim recants and decides not to help in the prosecution. The system understands that and tries to give her every opportunity to come to her senses. Even though she is posting bail and recanting, there is a procedure to be followed.

And with that drug charge can they charge him when he offered to give up his stash and the officer refused?

He should talk to his attorney about this one. If he can prove that he tried to 'fess up ahead of time, this charge will likely be dropped. But if he cannot, then he can face charges. Were there any witnesses to his attempt at turning it over to the arresting officer(s)?

- Carl

Originally Posted by momma2411

What is the name of your state? Texas,

My brother in law was recently taken in custody for throwing a wrench through a rear pick up window, while fighting with his girlfriend. The arresting officers know him and were not pleasant. When they asked if he had any drugs or parafinalia on his person he stated he did and tried to give a small amount of marijuana to the officer who refused to take it, but when took him into the correctional facility then charged him with a felony of having a controlled substance in a correctional facility.

Along with this charge they charged him with public intoxication, and domestic assult on his girlfriend who was in the truck when the wrench was thrown. He has been able to post bond and although has already spend 48 hours in jail is being held for an additional 24 in order for the officers to contact the "victim" that he will be released. Well normally this would make sense, however, she is the one posting the bail, she will be picking him up, and bringing him home, she has already told them she will not testify to the assult charge, and not only are they continuing to hold him for additional 24 hours but they refuse to let her see or talk to him at all. Can they do that?

And with that drug charge can they charge him when he offered to give up his stash and the officer refused?

Girlfriend agreed to testify when she signed the papers to press charges. Now she (as well as he) will be in trouble.