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Messing up on police report

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Kljo228

Junior Member
What is the name of your state (only U.S. law)? KY

I recently got charged with trafficking a controlled substance within a 1000 yds of a school zone early january. Things have still yet to be settled in court and have already had to fire one attorney and now have a new one. On my police report they have written down the address of the school which is the school that was supposedly "1000" yds away. After some research on the internet i found something that let me calculate the distance from place to place in a straight line since the law is from the place of the arrest to the school zone in a straight path. After calculating i found out that even from a straight distance at my arrest i was not within 1000 yds of the school that was listed on the police report. The only thing is there is another school that is actually within a 1000 yds i was wondering what this means for me? Since it's their fault they wrote the wrong place down does that mean it will get thrown away with or can they go back and change the school zone even though on the police report it clearly states the address and school name. Any opinions would be helpful.
 


CdwJava

Senior Member
What does your attorney say?

I suspect that showing that the measurement from the one school is incorrect (assuming the method you used was accurate) are you ready to point out that it IS within 1000 yards of the other school?

It may turn out to be a moot point.

Talk to your attorney.

And look into getting clean off drugs.
 

justalayman

Senior Member
the fact you are not within 1000 yards of the school listed does not change the fact you were within 1000 yards of A school. Now, if you or your attorney are smart, you will simply argue that you were not withing 1000 yards of the school listed and simply ignore the fact there is another school that is within the 1000 yards. If the prosecutor doesn't catch it, you get a break. If the prosecutor does, he simply shows that you were within 1000 yards of A school and you are back to where you started.
 

mistoffolees

Senior Member
the fact you are not within 1000 yards of the school listed does not change the fact you were within 1000 yards of A school. Now, if you or your attorney are smart, you will simply argue that you were not withing 1000 yards of the school listed and simply ignore the fact there is another school that is within the 1000 yards. If the prosecutor doesn't catch it, you get a break. If the prosecutor does, he simply shows that you were within 1000 yards of A school and you are back to where you started.
That's certainly the way to handle it.

HOWEVER, the unknown web site that says OP was more than 1000 yards away may not be definitive for a number of reasons:

1. It may be mistaken. Heaven knows there's a lot of wrong information on the Internet. The police could go out there with a laser range finder and get the exact distance.

2. I suspect that the web site lists the distance to some arbitrary point within the school - perhaps the center of the school or the principle's office - or even the location of the arbitrary street address. If you were 1,100 yards (for example) to the center of the school, it is not hard to imagine that you were within 1,000 yards of the nearest part of the school.

3. Read the law carefully. In my state, the rule is some distance from the school PROPERTY. So you could have been over 1,000 yards from the school, but less than 1,000 yards from the edge of the property.

So, this piece of evidence may not protect you a bit.
 

CdwJava

Senior Member
Exactly. Most the sections I have read indicate measurement from the edge of the school's property.

But, all the same, he should run this by the attorney as he will know how best to play it.
 

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