visiting a common nuisance

[dbldker]

Help, I need advice quick. Myson is in a juvenile detention center. He was arrested for visiting a common nuisance. He was a passenger in a vehicle stopped for expired plates. He was told to leave the scene. After he left, the car was searched and drugs were found in the driver compartment but not in plain view. the next day he was arrested. Is this arrest legal? during this arrest he was found to have one hit of acid. He was then arrested for a class c felony. If the first arrest is not legal, how could he be arrested the next day. He goes to trial in 4 days. The prosecutor wants to send him to a boys school several hundred miles away. Please help, I have written before but haven't gotten an answer.

 

[Tyrone]

You don't need "advice". BUT your son needs an experienced criminal defense lawyer! (And probably a drug therapist.) He has a constitutional right to a defense lawyer, and one would be appointed for him if HE can't afford one. What are you waiting for?

If there was no probable cause to arrest him on day 2, then the search was probably illegal. But I'd bet someone said the drugs in the car were his. That would e probable cause. This is a tough set of choices and only someone local, who knows the prosecutors and judges and can assess what is likely to happen can advise you.