violated unjustly?

[Cindi]

My boyfriend (on parole)was arrested the other night after a friend was arrested leaving our house. His friend has previous & current drug charges and was wanted. after they picked him up they stormed the house yelling parole search. they tossed our house & found nothing, but they did find some meth & pipes in our detached garage, which were left by the friend. my boyfriend had just returned home from work after his friend left & was clean and sober. He has been arrested for parole violation and possession. the officers say that he should have known that the stuff was there. His parole agent is not very easy to work with. Is there any hope of beating this?

 

[Tracey]

OK, dig out his judgment and sentence and look at the conditions of parole. See that paragraph about not associating with criminals and drug users? He violated it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Suskind]

Oh great! Yet another victimless criminal destined to become a "welfare addict".

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Suskind:
Oh great! Yet another victimless criminal destined to become a "welfare addict".
<HR></BLOCKQUOTE>

My response:

I must respectfully disagree with you, my dear Suskind, for two reasons:

1. Rules, Laws, and Procedures were created and meant to be followed, and obeyed. The rule of law, because we are a nation of laws, and the judges orders, must have meaning; and the only way they have "meaning" is when a ner-do-well follows the law, thus setting an example for others to never break the law, and to have respect for the Rule of Law.

2. More importantly, instead of being "reactive" and waiting for a "victimed" crime to occur, the police were being "proactive" and stopping a crime "before" it occurred. Those drugs, at some point, could just as well have fallen into the hands of a youth.

With this scenario, there was ample reason for this criminal to have been "violated" and sent back to prison where he justly belongs. We are the company we keep.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 06, 2000).]

 

[Suskind]

I really don't know the real nature of this persons' crime, it was never mentioned.
But I do know, is that most persons involded with drugs are charged with simple possession. And it is never made clear if they are DUI.
If this individual is a breadwinner, working hard at a job, supporting his family , and harming no one but charged with a social deviance [which obviously ruins families, too], I don't consider it to be reasonable search and seizure.
I am sure many on the jury seat [voters, too] would feel that way, too, providing them the stats.

 

[Cindi]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
OK, dig out his judgment and sentence and look at the conditions of parole. See that paragraph about not associating with criminals and drug users? He violated it.

<HR></BLOCKQUOTE>
If you would have read this a bit more carefully you would have noticed that he was still not home from work when his friend had stopped by. He didnt even know that he had been there until the police brought it up. He works very hard 10 - 12 hours a day, 6 days a week. With that kind of schedule about all he has time for is eating and sleeping.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Cindi:

Originally posted by Tracey:
OK, dig out his judgment and sentence and look at the conditions of parole. See that paragraph about not associating with criminals and drug users? He violated it.

<HR></BLOCKQUOTE>
If you would have read this a bit more carefully you would have noticed that he was still not home from work when his friend had stopped by. He didnt even know that he had been there until the police brought it up. He works very hard 10 - 12 hours a day, 6 days a week. With that kind of schedule about all he has time for is eating and sleeping.

My response:

Oh, my dear Cindi. I read your post very carefully. However, you failed to read mine carefully.

Remember, I said:

"We are the company we keep."

And, you'll recall the eloquence of Tracey, when she said:

"See that paragraph about not associating with criminals and drug users? He violated it."

Both of our statements to you go hand in hand.

He knew, or could and should have known, that having, keeping, and maintaining "friends" like that would come to no good. He knew, or should and could have known, that the police could make a "parole visit." After a conviction, and while on parole, you tell people like that to "stay out of your life." Now, he's paying the price for the friend's drugs. Some friend.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 07, 2000).]