QUESTION

What should we do if my son was cited for meth paraphernalia but found no evidence?

Asked on Nov 09th, 2013 on Criminal Law - Michigan
More details to this question:
The police officer asked my son to empty his pockets, the pen he found and put in his pocket to throw away was tested, traces of meth were found on it. My son told the officer I do not know where that pen came from but that he had lent his car out the night before to a friend whose car was not running. The police officer read my son his rights, handcuffed him and drove him to his car to search it. My son told them they would not find anything and they did not. The officer looked up my sons nose and said his nose was irritated, we have all been sick for the past week. The officer was going to take him to jail but he received a call for a domestic violence situation, he told my son he was going to cite him and dropped him off at home. I feel that the officer had no real evidence that my son was doing what that person said and the officer had no right to even search my son. Where do we stand on this situation? Thank you.
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3 ANSWERS

Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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This sounds quite complex and the charges are very serious. His entire case file, including all police report and witness statements, needs to be thoroughly examined for any issues or 4th or 5th amendment violations that could be used as leverage to get the charges reduced or dismissed. Make sure he is represented by a skilled and experienced criminal defense attorney in his area. Preferably one that handles drug crimes.
Answered on Nov 13th, 2013 at 1:58 PM

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James Edward Smith
Just a scare tactic
Answered on Nov 13th, 2013 at 1:58 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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All an officer needs to make a stop and inquire is probable cause. I would have to see the officer's report to determine if such existed. I am not sure I believe your son's story about the pen... just finding it and putting it in his pocket. My advice remains the same: he should retain the services of an attorney who can more thoroughly review the case file and advise accordingly.
Answered on Nov 13th, 2013 at 1:58 PM

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