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drug bust

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phat1

Guest
last friday my brother was making a dope deal.The buyer called said he wanted 2 1/2 oz of pot. so my brother told him to meet him at his dead end street.the buyer came and didnt have correct change so he told him to go to the convienence store and my brother got in the back seat of the car(buyers girlfriend is driving buyer is in passenger seat brother in back seat). when they pull in the store one cop pulls up on each side and one behind them , my brother sees them thinks he has been set up and puts 2 oz under buyers seat and the other 2 in the seat beside him.cops pull buyer out say long time no see cuff him and put him in the cop car and leave.then they tell my brother to get out with hands up then they cuff him and take him behind store.next they check his pockets and all he had was a lighter on him.They did not read him his rights and ask him how many times he has sold to the buyer before ,brother says a few. So they put him in a police car and drive him next door behind the library. after 20 minutes a cop pulls up and says get his info (name address #) and take him home. so they take him home and say that officer such and such will get in touch w him.Now the next thursday an officer calls the house and asks my brother if he wants to work off his charges, brother says what charges cop says charges of distribution of marijuania brother says what do you mean work off cop says his sargeant is on his ass about not arresting him yet brother says im busy now cop says he will call back next week. I dont know much about law but i have advised brother not to tell them anything i will be out of town the next 10 days and i dont want anything to
happen while i am gone, so i am trying to get in touch with family lawyer before i go.my question is do they have anything on him and why didnt they charge him on the spot, this is in virginia by the way and if so how much can they charge him with and how much time will he get. also is there a way to call and find out if the buyer was even arrested.also do they have to search the car in front of him and can they ask him questions without reading him his rights. thank you for any info you can help me with.
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

They can ask him questions till doomsday. Miranda rights are statutory not constitutional. Anyway, if he feel he is under arrest and is being interrogated, they must inform him of his righ to remain silent, etc.

Situation is this: check your sheriff's or police department website -- sometimes they have lists of people being charged, arrested, warrants etc.

Your best bet: contact a crim defense attorney to see what exactly this cop wants -- does he want to get an arrest to make his boss happy? a conviction? a plea bargain to your brother's distributor? etc.
 

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