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Distibution charges filed 10 months later

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dwzgranny

Junior Member
What is the name of your state? Missouri
My son has been arrested for ' distribution in a school zone' for being present during a deal 10 months ago. the man actually selling the drugs has not been arrested yet. My son offered to help get him but the district attorney said NO because he says my son has been a ' thorn in his side'. My son had moved out of town and gotten his life in order during this 10 month period, was making his probation meetings and community service appointments in the county he moved to. Now he has lost everything. Why can they wait so long to file charges and why have they targetted a 19 year old boy. His other offenses where minor things done while he was still in high school. No drugs involved and restitution paid.
 
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S

seniorjudge

Guest
dwzgranny said:
What is the name of your state? Missouri
My son has been arrested for ' distribution in a school zone' for being present during a deal 10 months ago. the man actually selling the drugs has not been arrested yet. My son offered to help get him but the district attorney said NO because he says my son has been a ' thorn in his side'. My son had moved out of town and gotten his life in order during this 10 month period, was making his probation meetings and community service appointments in the county he moved to. Now he has lost everything. Why can they wait so long to file charges and why have they targetted a 19 year old boy. His other offenses where minor things done while he was still in high school. No drugs involved and restitution paid.
The prosecutor has a year in which to file such charges.
 

dwzgranny

Junior Member
need advice

When I talked to the prosecuters office late December, they said the only thing they had was a report of drinking near a school on the date they are charging him with distribution. Then 10 days later they file these charges, why was I lied to and is this appropriate? :(
 
S

seniorjudge

Guest
dwzgranny said:
When I talked to the prosecuters office late December, they said the only thing they had was a report of drinking near a school on the date they are charging him with distribution. Then 10 days later they file these charges, why was I lied to and is this appropriate? :(
You were not necessarily lied to; the prosecutor may not have had the info when you called.

Even if the prosecutor did have the info, he is not required to give anyone any information about a case under investigation.
 

dwzgranny

Junior Member
So, is there anything I can do? I am afraid of what they will do to him due to the minimum mandatory sentencing. :(
 
S

seniorjudge

Guest
dwzgranny said:
So, is there anything I can do? I am afraid of what they will do to him due to the minimum mandatory sentencing. :(
I really don't know what you mean by your question; it's excessively general.
 

dwzgranny

Junior Member
They have told him he is facing 10 years to life. This seems drastic for a small amount of pot. Is this true? Is there anyway to lower this time frame? The prosecuter is unwilling to let him help bust the actual dealer because he personally does not like my son. We are from a very small town.
 
S

seniorjudge

Guest
It is not for the amount of pot, it is for selling dope in a school zone.

Anyway, get him a good criminal defense lawyer.
 
not only that but usually police and DA's can add aditional charges up to a year later if new edvidence comes to their attention. best to get a good criminal lawyer and hope that your son don't get a harsh punishment because he already has a record. selling in or carrying drugs in school zones have become a very touchy subject in the last 20 years and they really go after those people that do that around schools. i knew a guy that was pulled over near a school and got a harsh sentence because he had drugs in his car near a school. the police even told him that if he had went another 500 feet down the road his charge wouldn't have been as harsh.
 

dwzgranny

Junior Member
Thank you

One more question, does anyone know what 'near a school' means? This took place aprox. 2 blocks from the public school. :confused:
 

dwzgranny

Junior Member
I thank you all for your advice, but the most common answer was to hire an attorney for which I have no money, will the public defender work for my son or will they just let him 'hang in the wind'. :(
 
S

seniorjudge

Guest
Public defenders are experts since they do nothing but deal in criminal law.

Some of them are excellent, some good, and some should be disbarred.

This is also true of private attorneys.
 

dwzgranny

Junior Member
If his public defender does not seem to be doing a fair job of defending him, is there anyway to request a different one?
 

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