R
Rich-NeedsHelp
Guest
State: Oklahoma
Please help ... my friend needs help ... advice ... a stroke of good luck ... something ... court tomorrow.
Prior Arrests/Convictions:
1993 - Misdemeanor Posession Marijuana
6 months probation; 40 hrs. Community Svc. - done
1997 - FELONY controlled substance - about 8 months in jail
3 years deferred supervised parole & regular testing
Fees paid timely in full ... no violations
December 2000 - done deal ...
2001 - He went to visit a friend at a female correctional facility. Unfortunately, at their request, he took his kids (ages 10 & 12). They pulled into the prison parking lot & BOOM, met police conducting searches of visitors & vehicles. New procedure for visitors or "Saturday the 13th" - unknown. He "KNEW" nothing was in the car & signed consent.
I truly don't know if he signed with "sincere knowledge" the "car was clean" or knowing in the "great state" of Oklahoma refusal means "probable cause exists" -- if a search is requested, IT WILL take place. Law or no law.
Surprise! 2 Dogs in car - Contraband out. Under passenger front - beer can (bone dry, can old & worn). Worse, next to the front passenger door - marijuana (approx 1-2 joints unrolled). Worse, same location 1 or 2 tiny baggies (contents, if any, unknown & police refuse to say).
He swears he doesn't know it got there, etc. Bull? Maybe, but I can't find a whole in the story. I've known him during the good, the bad, the ugly. He got out of prison in Dec 1998 & hasn't done a thing to make me wonder since. Overnight he was a responsible parent & made all the right moves. One month off parole ... and this?
With his past record, I'm doubtful his story is going to help. HOWEVER, I see his best defense as this:
THE CAR HE WAS DRIVING IS REGISTERED
TO HIS PARENTS, INSURED IN HIS PARENTS'
NAMES ...
a number of people have driven the car. The day before the arrest, he gave a neighbor a ride (this guy probably travels with any or all of the items found) to the store, gas station, etc. The items in the car (except possibly the beer can) did not belong to his 70+ year old parents. And, he certainly will not accuse his neighbor in court.
I already believed him, then he convinced me by saying, "ya know, it is pretty grungy under the seats ... do you think <neighbor> left that stuff there or has it been there for 3 years waiting to run into a cop with a dog".
Hmmm, the charge (per bondsman - arraignment is tomorrow) is a bit perplexing. MISDEMEANOR possession of marijuana and MISDEMEANOR possession of paraphenalia - bonded out for $1,000. Paraphenalia? Interesting. Is that the baggy or baggies that may or may not have any contents? If anything is inside ... wouldn't the charge be controlled substance? And, a FELONY? I'M CONFUSED. Or, is this just a small town's way of stating we'll figure it out when we get to the arraignment?
Does the 1993 misdemeanor charge make this 2nd offense FELONY? Does the 1997 felony reappear for this new arrest? Felony sentence deferred & expunged ... is expunged just a word with unknown meaning at this point?
AND ON ONE MORE NOTE: Please advise if there is any recourse for the kids. He realizes that would be up to "MOM" because he doesn't need to stir the works right now ... but they're pissed off about this:
Kids heard the "juicy" stuff but saw all the standard "far less than pleasant" arrest. Police physically pulled the kids apart. After an hour of screaming & crying in the cold (coats steps away in the car), mother still can't be reached. So, the kids were sent to a shelter 75 miles from home but not before another BIG taste of terror provided by the police. These two kids were specifically told, "Your Daddy is going to jail & we can't find your Mom. You can't go with your <sister> / <brother> because girls go to one area & boys go to another". I'm not suggesting the kids were abused, technically, by police but as far as I can see NO attempts were made to lessen their terror in any way ... disgusting.
WILL THIS CHANGE HIS ABILITY TO BE WITH HIS KIDS? The 12 year old (Birthday 2 days after arrest) intends to move with Dad. The 10 year old legally can't make that choice so that's still up in the air.
WILL EITHER OF HIS PAST CHARGES CAUSE THIS ARREST TO BE A FELONY?
Any responses to portions of the above would be appreciated.
Please help ... my friend needs help ... advice ... a stroke of good luck ... something ... court tomorrow.
Prior Arrests/Convictions:
1993 - Misdemeanor Posession Marijuana
6 months probation; 40 hrs. Community Svc. - done
1997 - FELONY controlled substance - about 8 months in jail
3 years deferred supervised parole & regular testing
Fees paid timely in full ... no violations
December 2000 - done deal ...
2001 - He went to visit a friend at a female correctional facility. Unfortunately, at their request, he took his kids (ages 10 & 12). They pulled into the prison parking lot & BOOM, met police conducting searches of visitors & vehicles. New procedure for visitors or "Saturday the 13th" - unknown. He "KNEW" nothing was in the car & signed consent.
I truly don't know if he signed with "sincere knowledge" the "car was clean" or knowing in the "great state" of Oklahoma refusal means "probable cause exists" -- if a search is requested, IT WILL take place. Law or no law.
Surprise! 2 Dogs in car - Contraband out. Under passenger front - beer can (bone dry, can old & worn). Worse, next to the front passenger door - marijuana (approx 1-2 joints unrolled). Worse, same location 1 or 2 tiny baggies (contents, if any, unknown & police refuse to say).
He swears he doesn't know it got there, etc. Bull? Maybe, but I can't find a whole in the story. I've known him during the good, the bad, the ugly. He got out of prison in Dec 1998 & hasn't done a thing to make me wonder since. Overnight he was a responsible parent & made all the right moves. One month off parole ... and this?
With his past record, I'm doubtful his story is going to help. HOWEVER, I see his best defense as this:
THE CAR HE WAS DRIVING IS REGISTERED
TO HIS PARENTS, INSURED IN HIS PARENTS'
NAMES ...
a number of people have driven the car. The day before the arrest, he gave a neighbor a ride (this guy probably travels with any or all of the items found) to the store, gas station, etc. The items in the car (except possibly the beer can) did not belong to his 70+ year old parents. And, he certainly will not accuse his neighbor in court.
I already believed him, then he convinced me by saying, "ya know, it is pretty grungy under the seats ... do you think <neighbor> left that stuff there or has it been there for 3 years waiting to run into a cop with a dog".
Hmmm, the charge (per bondsman - arraignment is tomorrow) is a bit perplexing. MISDEMEANOR possession of marijuana and MISDEMEANOR possession of paraphenalia - bonded out for $1,000. Paraphenalia? Interesting. Is that the baggy or baggies that may or may not have any contents? If anything is inside ... wouldn't the charge be controlled substance? And, a FELONY? I'M CONFUSED. Or, is this just a small town's way of stating we'll figure it out when we get to the arraignment?
Does the 1993 misdemeanor charge make this 2nd offense FELONY? Does the 1997 felony reappear for this new arrest? Felony sentence deferred & expunged ... is expunged just a word with unknown meaning at this point?
AND ON ONE MORE NOTE: Please advise if there is any recourse for the kids. He realizes that would be up to "MOM" because he doesn't need to stir the works right now ... but they're pissed off about this:
Kids heard the "juicy" stuff but saw all the standard "far less than pleasant" arrest. Police physically pulled the kids apart. After an hour of screaming & crying in the cold (coats steps away in the car), mother still can't be reached. So, the kids were sent to a shelter 75 miles from home but not before another BIG taste of terror provided by the police. These two kids were specifically told, "Your Daddy is going to jail & we can't find your Mom. You can't go with your <sister> / <brother> because girls go to one area & boys go to another". I'm not suggesting the kids were abused, technically, by police but as far as I can see NO attempts were made to lessen their terror in any way ... disgusting.
WILL THIS CHANGE HIS ABILITY TO BE WITH HIS KIDS? The 12 year old (Birthday 2 days after arrest) intends to move with Dad. The 10 year old legally can't make that choice so that's still up in the air.
WILL EITHER OF HIS PAST CHARGES CAUSE THIS ARREST TO BE A FELONY?
Any responses to portions of the above would be appreciated.