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Criminal sale of marijuana 2nd degree

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ONLYUS231

Junior Member
I am in NY and my son was recently charged with crimal sale of drugs and endangering the welfare of a minor my son is 14 and so is the other kid. the other child was found with a back pack that contained marijuana and when he was questioned about it he said my son gave it to him. This was supposed to have happened at 6:40 am the same time that I was watching my son board the school bus as I do every morning at that time. Even though I told the police officer this my son was still charged just on what the other child said. How do you prove soemthing like this was not done there was no witness to see the exchange of the back pack the other child was found with it at school because he braged to other kids that he had it. As far as I see it is all hear say but the court wants us to prove it didn't happen what is a mother to do?What is the name of your state?
 


C

CopsAreStupid

Guest
Actually it works the other way around. They have to PROVE BEYOND A REASONABLE DOUBT that your son gave the other child the marijuana. The school bus driver should be able to confirm your story, you can testify, your son can testify, and the school bus may even have a CAMERA SYSTEM that recorded your son getting on the bus at that time.

The bottom line is your son's case SCREAMS of your local police abusing their power against a scared mother and an innocent teenager.

I also seriously doubt they fingerprinted the MJ baggie for some high-school kid with MJ case and this also casts doubt on the validity of their investigation.

FIGHT THIS ONE TO A NOT GUILTY VERDICT. Then look into filing suit against the city whose police department brought these rediculous charges without corroborating evidence.
 

CdwJava

Senior Member
CopsAreStupid said:
The bottom line is your son's case SCREAMS of your local police abusing their power against a scared mother and an innocent teenager.
Where do you get THAT from?

The police take a report and forward it to the DA. if the DA finds there is sufficient cause to go to court, he does so. If charges are made in court, then the DA has found there to be sufficient grounds. If the case makes it beyond the preliminary stages, then a court has found there to be probable cause to believe a crime has been committed.

Right now it is only an allegation. No abuse of power concern has even remotely been articulated in the post.

FIGHT THIS ONE TO A NOT GUILTY VERDICT. Then look into filing suit against the city whose police department brought these rediculous charges without corroborating evidence.
Please show the statute requiring the police to "corroborate" every piece of evidence before passing it off to a DA.

The fact of the matter is that they do not have to corroborate the evidence or anything else. The case is weaker without the corroboration, but it is still possible to get a filing based solely upon the "facts" as presented in this case. Its not likely to get very far lacking someone else putting the drugs in the hands of the lad in question, but it is still possible.

There is no malfeasance or other misconduct articulated here.

- Carl
 
C

CopsAreStupid

Guest
FYI, you son is not guilt of anything just because a cop "passed" some drugged up kids story to the DA. ADA's handling these type of cases are about as low as you can get on the lawyer food chain. They are just a rubber stamp for whatever the police tell them to do.

Fortunately for honest citizens like you and your son you can FIGHT the idiot cop and DA in court. Believe me, the DA didn't even read the case, they just brought it because some cop filed a report in between donuts.

It is your right to be PROVEN GUILTY IN COURT BEYOND A REASONABLE DOUBT.
 

CdwJava

Senior Member
From a legal standpoint, the "fight" is not going to be with the cop. The officer simply recorded the information in his report. He is a witness only to the statements made and, possibly, to the possession of the dope by the other child - not to the alleged sales. The "fight" will be the accused versus the accuser. If that's all the state has, chances are the DA isn't even going to go forward with it. If they do, then they likely have something more than just the word of the kid caught with the dope.

- Carl
 
C

CopsAreStupid

Guest
If a DA actually filed charges with nothing more than a drugged kid's statement that your son sold him the pot, there is no way he can say that he had reason to bring the charge. I could say George Bush sold me pot, does that mean they're going to charge him?

Beat the case, sue the cop, sue the city. Make it a real pain for them so they'll think twice before coming around to bother you again.
 

CdwJava

Senior Member
CopsAreStupid said:
FYI, you son is not guilt of anything just because a cop "passed" some drugged up kids story to the DA. ADA's handling these type of cases are about as low as you can get on the lawyer food chain. They are just a rubber stamp for whatever the police tell them to do.
Wow! It'd be nice if we had the DA's you speak of out here ... or most anywhere. As it is, most aren't willing to go forward on a bad case no matter WHO wrote it. I suppose there are some that would prosecute anything. Most have neither the time nor the energy to prosecute every case, so they cull them carefully and go forward only with those that have (a) articulable probable cause, and, (b) the likelihood of proving the elements of the crime beyond a reasonable doubt if it has to go to trial.

I have known many, many ADA's and elected DA's over the years ... how many do you know?

- Carl
 

CdwJava

Senior Member
CopsAreStupid said:
If a DA actually filed charges with nothing more than a drugged kid's statement that your son sold him the pot, there is no way he can say that he had reason to bring the charge.
Sure they can. The kid's statement is evidence. They have marijuana that can arguably demonstrate the evidence. Tying the accused dealer to the pot and to the sale is another task altogether. Without being able to put the accused with the pot or at least talking about making that or other sales, it's a tough road and likely wouldn't get passed the preliminary phase if it was filed at all.

Beat the case, sue the cop, sue the city. Make it a real pain for them so they'll think twice before coming around to bother you again.
Actually, it would enrich an attorney who accumulated billable hours for a suit that would never fly and, in all likelihood, would be ruled frivolous.

The police forward reports to the DA. No lawsuit for any misconduct there.

The DA forwards a case to court or seeks a Grand Jury. Unless he does so knowing that the case is false, no malfeasance and no lawsuit. If the court finds there to be probable cause, would you then seek to sue the court as well?

So, please cite the legal grounds for a suit against EITHER entity. I'd really be curious what you think they could possibly be successfully sued for?

Although, with enough time and money, anyone can sue anyone else for anything. Success is the issue. And success is nil here.

- Carl
 
C

CopsAreStupid

Guest
See the problem CDW is that you are a cop. Which basically means that you are not bright enough to do anything other than risk your life for $30k a year. So you took your GED and jumped through some tires BOOM you have a job as a cop.

NOW, you submit some cases, they get rejected. That is because you didn't do your job. If you had the charges would have been brought. Just because there are cops that write up stuff even worse than this because they are so stupid, ignorant and abusive doesn't mean that this case wasn't rubber stamped without any form of meaningful review.
 

CdwJava

Senior Member
CopsAreStupid said:
See the problem CDW is that you are a cop.
Yep.

Which basically means that you are not bright enough to do anything other than risk your life for $30k a year.
Darn that college degree! Always holding me back! :rolleyes:

And while I work in a relatively low-paying law enforcement agency (by CA standards), I DO earn significantly more than the amount you mentioned.

Oh, and I did do many other things before I became a cop, thank you. I chose to become one because I got bored with teaching, and, before that, with running a business.

So you took your GED and jumped through some tires BOOM you have a job as a cop.
Your psychic powers are a tad off today.

NOW, you submit some cases, they get rejected. That is because you didn't do your job. If you had the charges would have been brought.
Maybe. But, in most instances, we submit the cases because we have to for a variety of reasons. There are many cases we submit where there is probable cause to believe the suspect committed the crime, but the DA rejects the case due to insufficiency of the evidence at trial ... for instance, DV cases where the victim recants 75%+ of the time, or cases where the "victim" of a theft or battery is, themself, a non-credible witness due to prior criminal acts. There are a wide range of factors that effect why a DA does not file on a case.

Just because there are cops that write up stuff even worse than this because they are so stupid, ignorant and abusive doesn't mean that this case wasn't rubber stamped without any form of meaningful review.
In my 15+ years of experience, DAs do not just rubber stamp cases. This may be true wherever it is YOU live, but it is not true out here.

- Carl
 

ONLYUS231

Junior Member
Thank You

I Am Trying To Get A Copy Of The Statement That The Other Child Made I Also Am Calling Around For Any Advice That I Can Get. The Hard Thing About This Is That It Is In Family Court And I Am In A New Job And Cannot Miss Any More Than 2 Days In The Next 6 Months And We All Know How The Court System Is They Don't Care About That I Am A Single Mom And Can Not Afford To Loose My Job. They Want My Son To Admit Guilt And Serve 6 Months Probabtion And Also Do Community Service Or Go Through Several Court Procedings To Try And Prove That This Did Not Happen Between Him And The Other Child. I Also Do Not Want My Son To Admit To Soemthing He Did Not Do And I Know He Did Not Do. Thank You All Again And I Will Keep Trying To Go On With This
 

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