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carmen.1

Junior Member
What is the name of your state? California
Earlier this year, we were served with a Search Warrant because the police department was trying to pin a "threathening of a police officer" charge on my teenager. They removed some personal property as well as firearms which we legally own. There were no charges filed when the police realized they had no evidence and they over reacted, which seems to be common these days with teenagers and there zero tolerance policy. It appears some other student thought it was a funny prank and they thought my teenager was implicated. Months after the officer involved contacted to let us know we could pick up our personal belongings. Our property was release with the exception of the fire arms which they said I needed a release from the Department of Justice. I submitted the paper work to the DOJ and I just received their approval. Now I'm being told that I should have been given a order to release from the judge and they will also need approval from the officer involved. I was not advised of this previously nor was I asked for it when i picked up my personal items. Unfortunately and just recently my teenager was arrested in school for possession 1/2 of marijuana. They cited (but not charged) with intent to sell because of how it was packaged. This is his first offense and there is no other evidence to indicate that he was in fact selling. We know now that it was for his personal use. My questions are as follows: Will this recent incident allow the police department keep our firearms? I'm assuming that maybe this office will run a check for any incidents. Since this is my son's first offense and no proof of intent, what do you think the charges will be? Would appreciate your advice. thank you.
 


CdwJava

Senior Member
There were no charges filed when the police realized they had no evidence and they over reacted
I doubt that was the reasoning. My guess would be that no charges were filed because there was insufficient evidence for the DA to go forward at that time. A prosecution generally requires the DA to believe he has sufficient proof of guilt beyond a reasonable doubt ... even good, solid cases sometimes cannot quite rise to that standard.

Our property was release with the exception of the fire arms which they said I needed a release from the Department of Justice. I submitted the paper work to the DOJ and I just received their approval. Now I'm being told that I should have been given a order to release from the judge and they will also need approval from the officer involved.
The DOJ papers are required by state law. Since the items were seized pursuant to a court order (the search warrant) the agency likely wants an order from the court authorizing the items' return/release. This may involve a trip to the DA's office then the court.

Unfortunately and just recently my teenager was arrested in school for possession 1/2 of marijuana. They cited (but not charged) with intent to sell because of how it was packaged. This is his first offense and there is no other evidence to indicate that he was in fact selling.
What section has he been charged with?

We know now that it was for his personal use.
How do you know this? Because he told you so?

My questions are as follows: Will this recent incident allow the police department keep our firearms?
By itself, of course not.

I'm assuming that maybe this office will run a check for any incidents. Since this is my son's first offense and no proof of intent, what do you think the charges will be? Would appreciate your advice. thank you.
Unless they go for the sales, he will likely get a fine, counseling, probation, and possibly drug testing. he may also be suspended or expelled from school ... but that's an administrative issue with the school.

- Carl
 

carmen.1

Junior Member
Search Warrant

Thank you for your response. To answer your question, my son was detained for code section 11359 H&S- Possession of marijuana. I looked it up and it says it's intent to sell. Since there was no other evidence of intent to sell, I can't see if they can pursue this charge.

Thank you for your response on our property. My husband is an avid collector and it breaks my heart that his property would not be released to him.
 

CdwJava

Senior Member
Thank you for your response. To answer your question, my son was detained for code section 11359 H&S- Possession of marijuana. I looked it up and it says it's intent to sell. Since there was no other evidence of intent to sell, I can't see if they can pursue this charge. Also if he intends to pass it on to others, it would be the same offense.

Thank you for your response on our property. My husband is an avid collector and it breaks my heart that his property would not be released to him.
Sales can be proven in a number of different ways - packaging is but one. Depending on the evidence, the prosecuting DA and the experience of the officers, they might be able to make the case for sales. If he is ultimately charged with sales, he needs to have an attorney.

I also hope that you have taken some action to get your son help. Whatever precipitated the threats and whatever has lead him to think that possessing marijuana at school (and maybe selling it) needs to be addressed.

- Carl
 

carmen.1

Junior Member
Search Warrant

Yes we are taking steps to address the problem with my son, drug and family counseling. The incident regarding threating an officer was not his doing and the police was given the name of the person who did but I don't think they were able to get evidence by the time they directed their attention to that person. Anyway, we can only hope that our son learns from this experience. We are in the process of hiring an attorney for both the criminal and the possible expulsion. Thanks again. Your advice is greatly appreciated.
 

CdwJava

Senior Member
Yes we are taking steps to address the problem with my son, drug and family counseling. The incident regarding threating an officer was not his doing and the police was given the name of the person who did but I don't think they were able to get evidence by the time they directed their attention to that person. Anyway, we can only hope that our son learns from this experience. We are in the process of hiring an attorney for both the criminal and the possible expulsion. Thanks again. Your advice is greatly appreciated.
Good to hear.

Even if for possession, there may be little to do to defend against an expulsion. You may want to look into your options for alternate schooling at least for the remainder of the school year should the district appeal's process not result in his re-admission to his school.

- Carl
 

carmen.1

Junior Member
I am exploring those options, but hope I can convince the principal to make an exception since this was a first offense. they can only do that if it's possession and less then an ounce. Either way I am not hopeful and expect the outcome to be expulsion. If I can convince them of an alternative to expulsion, alternate school, then that may be the best we can do.
Thank you again. You have no idea how grateful I am for your advice.
 

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