What is the name of your state? West Virginia
My Son went to a party with his Apartment mate , who was the designated driver, along with another friend. He had 2-3 beers at the party and left as a passenger with his roommate as the other friend. His roommate was driving. Time was 2AM.
They were later pulled over by a State Trooper for a defective third brake light ( according to the Trooper, the light works now ..,magically). Upon coming up to the car and asking for license and registration from my sons roommate, the Trooper asked my son's roommate " so where is the Marijuana?" . Flustered, he could'nt answer. The State Trooper then did a search and found 25 grams of grass , under the drivers seat and the RM (roommate) with $1000 in cash. He also asked my son and the other passenger if they had any money on them.
The other passenger said that he had $600 on him ,as he had cashed a student loan check that day and had the cash for purchases. My son being the pauper that he is, only had $60.00 on him. All three are students at a nearby University.
There had been no smoking in the car that evening and the driver (RM) is a athelete and my son has NEVER known him to smoke grass, and because of this he was chosen usually as the designated driver. The officer asked my son if he knew there was grass in the car and my son replied that he had a cold and could not smell anything. The Trooper found this not to his liking and asked him again. Once again, with sniffles, my son replied that he had a cold, was congested and could not smell anything. Bear in mind, that no smoking had taken place in the car that night.
The officer then seperated the boys and said to my son that he was arresting him for "False Information" ( i.e. he was lying to him that he could not smell the grass underneath the drivers seat or the overall "smell " of the car) My son , once again stated that he had a cold and could not smell anything. He was handcuffed and placed in a Trooper cruiser and taken to the regional jail. At no time during the handcuffing and trip to the regional jail, was he read his Miranda rights.
His RM was charged with Possession and Conspiracy to sell ( I guess because he had $1000 in cash on him ). The other passenger was arrested for Conspiracy because he a large amount of money on him ( $600 ).
No sobriety test for either alcohol or marijuana was given to my son , the driver , or the other passenger. The other passenger's main crime seems to be that he was in possesion of $600
My son was processed at the regional jail and spent 4-5 hours there ( spent the night?). He was not told that he could make a phone call and ONLY the next day was told of his Miranda rights. He was given a summons to appear later to answer the charge of "False Information" and released at 7AM.
In summary my son has been charged with a crime simply because he gave an answer which the Trooper found to be not true. My son has a history of sinus problems and sniffles. "Yes" he does smoke grass on occasion, and has told me so. Likewise he will ( like any college student ) drink alcohol. He DOES NOT however smoke, drink and then drive, because he knows the penalty if caught DUI in West Virginia. He has never been , or had a problem with the police until that night.
The fine is $25-$200 or 60 days in jail. What worries me is if he pleads guilty to the misdemenor he will have that on his record and be screwed for life. He was never read his rights before he was handcuffed and imprisoned for the 5-6 hours at the regional jail. Only close to his release ,was he made aware of his rights. He was never given the opportunity to call us for help.
We cannot afford a lawyer, and wonder what advice to seek. The fine can be paid but why pay it when his sole crime is " guilt by association" and giving an answer to a Trooper that was not liked by that person.
Any advice?
ThanksWhat is the name of your state?
My Son went to a party with his Apartment mate , who was the designated driver, along with another friend. He had 2-3 beers at the party and left as a passenger with his roommate as the other friend. His roommate was driving. Time was 2AM.
They were later pulled over by a State Trooper for a defective third brake light ( according to the Trooper, the light works now ..,magically). Upon coming up to the car and asking for license and registration from my sons roommate, the Trooper asked my son's roommate " so where is the Marijuana?" . Flustered, he could'nt answer. The State Trooper then did a search and found 25 grams of grass , under the drivers seat and the RM (roommate) with $1000 in cash. He also asked my son and the other passenger if they had any money on them.
The other passenger said that he had $600 on him ,as he had cashed a student loan check that day and had the cash for purchases. My son being the pauper that he is, only had $60.00 on him. All three are students at a nearby University.
There had been no smoking in the car that evening and the driver (RM) is a athelete and my son has NEVER known him to smoke grass, and because of this he was chosen usually as the designated driver. The officer asked my son if he knew there was grass in the car and my son replied that he had a cold and could not smell anything. The Trooper found this not to his liking and asked him again. Once again, with sniffles, my son replied that he had a cold, was congested and could not smell anything. Bear in mind, that no smoking had taken place in the car that night.
The officer then seperated the boys and said to my son that he was arresting him for "False Information" ( i.e. he was lying to him that he could not smell the grass underneath the drivers seat or the overall "smell " of the car) My son , once again stated that he had a cold and could not smell anything. He was handcuffed and placed in a Trooper cruiser and taken to the regional jail. At no time during the handcuffing and trip to the regional jail, was he read his Miranda rights.
His RM was charged with Possession and Conspiracy to sell ( I guess because he had $1000 in cash on him ). The other passenger was arrested for Conspiracy because he a large amount of money on him ( $600 ).
No sobriety test for either alcohol or marijuana was given to my son , the driver , or the other passenger. The other passenger's main crime seems to be that he was in possesion of $600
My son was processed at the regional jail and spent 4-5 hours there ( spent the night?). He was not told that he could make a phone call and ONLY the next day was told of his Miranda rights. He was given a summons to appear later to answer the charge of "False Information" and released at 7AM.
In summary my son has been charged with a crime simply because he gave an answer which the Trooper found to be not true. My son has a history of sinus problems and sniffles. "Yes" he does smoke grass on occasion, and has told me so. Likewise he will ( like any college student ) drink alcohol. He DOES NOT however smoke, drink and then drive, because he knows the penalty if caught DUI in West Virginia. He has never been , or had a problem with the police until that night.
The fine is $25-$200 or 60 days in jail. What worries me is if he pleads guilty to the misdemenor he will have that on his record and be screwed for life. He was never read his rights before he was handcuffed and imprisoned for the 5-6 hours at the regional jail. Only close to his release ,was he made aware of his rights. He was never given the opportunity to call us for help.
We cannot afford a lawyer, and wonder what advice to seek. The fine can be paid but why pay it when his sole crime is " guilt by association" and giving an answer to a Trooper that was not liked by that person.
Any advice?
ThanksWhat is the name of your state?