can we see the evidence?

What is the name of your state? indiana

my nineteen year son was arrested on feb 7th for drug charges stemming from a "drug task force sweep" in august of last year. it was 10 p.m. when they came to the door and he had to spend the night in jail. after posting $1000 bond and waiting for him to be released, i asked to see what the charges were all about. the court document indicated that a confidential informant had him on wire and surveillance selling marijuana, yet he was charged with a misdemeanor possession charge of less than 30 grams.

can we request to see this evidence against him without incurring additional legal expense? what's the next step if he pleads "not guilty"? this evidence supposedly places him in the parking lot of a local store where the "sale" took place, yet, again, he is only charged with a misdemeanor. he absolutely denies ever engaging in this activity, but we fear the charges may be "trumped up" to felony. is this possible once charges are filed?

your help is very much appreciated.

ummmmmmm . . . . . I don't know. Is it in sight?

I'm not sure about being allowed to "view" the evidence. My son is charged with a misdemeanor possession of ibuprofen. (how silly)

I have not been allowed to see the evidence so I can't say for sure if it came out of his bottle.

Now as far as "trumped" up anything can be lied about. But as far as charges being changed amended or upgraded that is completely possible depending on the evidence against your son.

After he is arraigned and you enter a plea a trial date will be set.

Since marijauna is a Schedule V controlled substance I don't know what the possibility is. If your son has evidence against another he might have his charges dropped for providing information regarding a dealer but that is up to the DA involved.

Good luck and hope for a good attorney.

If you simply ask if you can see the evidence, in this case video, tape and a snitch's statement, they don't have to show it to you.

At some point, they do have to turn it over to the boy's legal representative. I don't suggest that this matter be handled pro se (by yourself). Get an attorney.

If they didn't charge him with selling, they most probably don't have him on tape or video selling. This could be as simple as him being in the parking lot, possibly in the immediate area of the sale they were monitoring. They grabbed everyone.

Get an attorney. They have to turn over the evidence to your son's attorney and then you'll see what they have as evidence.

Good luck.

My 2 cents.