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Drug Charge

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Dee Dee

Guest
My 18 year old son was arrested when he was stopped for a headlight being out. The cop gave him a ticket for not using his seat belt and then asked him to sign a paper to search his car. He did and the cop found 2.5 grams of pot and a bong in the car. He was taken to jail, strip searched and finger printed and picture was taken. We were called about 2 to 3 hours later after the arrest. I need to know if I should get a lawyer for him. This is his first time being arrested for anything. Had no record! We posted a 100.00 fine and have a $55.00 fine for the seat belt not being used. Please, any advice out there? I don't want to go to court and not have a lawyer if we need one. Yet, I don't want to hire a lawyer if we don't need one. How serious is this? I think it is very serious! Do you know the law in Illinois as far as the fines and if he will go to prison for this?
Upset mother in Illinois
Dee Dee
 


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msattorney

Guest
I do not know what the law is in IL, but your son is 18 and therefore, an adult under the law. I would suggest going to our directory of attorneys at Attorneypages.com to find a lawyer where you live who practices criminal law. Many offer a free consultation and will let you know what the possible penalties are.
 
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Doomflame

Guest
I have to agree with msattorney, except you could look in the phonebook for a directory of local lawyers. Drug charges hefty penalties.
 
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depeche

Guest
I'm interested in the whole bit about signing a paper to search. First of all, why in the world would he sign this paper, especially if he actually had the stuff in the car? Very strange indeed. I mean, if the cop is asking you to sign, then it is obvious that he doesn't have the leagl right on his own to do so. I wish everyone would quit forfeiting their constitutional rights on a whim. You can start by telling your son to NEVER CONSENT to anything. If the cop can do it legally, he doesn't need consent. Besides that, maybe he can somehow argue he was coerced into consenting.
 
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depeche

Guest
One more thing -- about the strip search. Being in IL right now and staring at the Code, I can tell you that there are very specific requirements for cops doing strip searches. For one thing, they need a duly executed search warrant. You can check the law yourself at 725 ILCS 5/103-1(2)(g). Try FindLaw.com, and good luck to your son.
 

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