Alright get this ......

[Twist_U_Up]

The day after X-mas my oldest son who is 18 got arrested for DWI/Drugs and possession of a very small amount of weed,he had 4 pipes in his car 2 had resin 2 didn't.He was just leaving a headshop where his buddy purchased the 2 pipes.

But get this the cop pulled him over for inadequate headlights, when he approached the car he stuck his head in the window and said that he smelled weed. so he took him out of the car did a field sobriety check and said he was high and arrested him. The cop then took him to the hospital for a piss test.

Well my son is as honest as the day with me and we work together and he has passed 2 pissers the month earlier for work so I know he was somewhat clean.But my son told me he wasn't high and that he will pass the piss test the cop gave him.

well heres where it gets fun. HE HASN'T EVEN BEEN ARRAIGNED YET. we went to our scheduled court date today,3 weeks later?????? and he wasn't on file the courts haven't seen his file and by the looks of things the cop hasn't even filed it.

Is it possible that they dint want to file this because my son DID pass their zero tolerance drug law ?????

Our lawyer talked to the judge and the judge just said lets see if it shows up.

but in the mean time my sons name was in the paper with the charges, everyone looks at him funny ,he just lost a days work to attend court today and he hasn't even been arraigned.

What do we do ????? just sit and wonder and if it does get dropped do we have a right to see the piss test results and follow up with a possible false arrest suit ??

I might have a tin foil hat on but Im thinking that the cops are running this headshop and saw the kids in there and when they left called the cop and told them to get em. I mean if the kids are buying pipes must mean they are stoners right.

by the way I have 2 brothers that are in law enforcement in the area he was arrested and the cop stated to me and my son that if he knew who we were he would have let it slide.

[babylonsister]

1. Can't one of your brothers check this out and see

if there is a file on your son? This sucks that they're basically holding up his life and smearing him at the same time.

[Twist_U_Up]

2. unlike the cop

I would rather leave them out of it at least till we see the results.

[MADem]

3. You might want to do a separate, private test

It would have been better had you arranged for one contemporaneously with the one he got from the police. That way, if the results from one were positive and the other not, you'd have a counter-argument.

Tell the kid to stay out of that shop in future....if they drop this, consider yourself lucky, don't sue, and let it go. No need to get on the police shit-list when the kid was, technically, breaking the law (a rather stupid law, but the law nonetheless).

[Twist_U_Up]

11. lucky ?

It has cost the kid 1500 dollars and his reputation. I see your point he was riding around with contraband and that is his fault but to just let it slide isnt upholding the law either. If thats the case then hit him with the weed charges and they had better be god damn sure someone is high before they arrest them for dwi/drugs because Ill tell you what,my son was close to suicidal the night he got arrested.It has been a very long 3 weeks. If the cops found out that he was clean or they where going to let it slide they need to let that person know and they need to keep the media out of it until he is proven guilty.

[MADem]

16. You know the entire facts of the situation best

But simply from what you noted, the fact remains that he was breaking the law, even if it wasn't his stuff, or he hadn't indulged for some time. He hasn't been convicted of anything yet, and even if he is let off the hook, I would guess that a judge would come down on the side of the cop if the kid tried to sue for false arrest. He likely will get convicted on a defective equipment charge, no matter what. Possession is probably a given, too, if they want to be hard about it, because of the small amount of residue. The cop could claim that the residue stunk up the car and he had a "reasonable suspicion" that the kid was under the influence. The old "where there is smoke, there is fire" theory applies.

I'm not trying to be hard-hearted here, it's just that I don't think you would prevail.

If he were a juvenile, his name would not have been in the paper. But here in my farting little town, if you end up on the police blotter (everything from possibly rabid raccoons in back yards, to suspicious cars parked on streets, and ten year olds stealing nine year olds' bikes, gets phoned in to the Andy-of-Mayberry set) it ends up in the paper, which is read by all and sundry. It's public information, so it isn't redacted, unless, as I said, the involved individuals are under age.

If the paper convicted him before trial, that's another story. If the charges are dropped, perhaps you could phone them up and insist they give THAT story the same priority as the first one...but even with that, all it does is keep the story alive (people will assume he got off on a technicality).

Like I said, you know the entire situation better than we do. But I think a judge would go with the cop....and that is simply my opinion. YMMV.

[Twist_U_Up]

18. I agree with you could you respond to post # 17

I will agree I probably dont want to get in a pissing match with them and I could hit the papers with your advice . I agree but how long do we sit in wait ? There has to be a law on this.

[MADem]

24. I think this link might be helpful

http://www.lawyers.com/lawyers/A~1017045~LDS/Pleas+and+Court+Appearances+In+New+York.html

Scroll down to the bit on "speedy trial" (though the whole thing is pretty instructive, actually!). I'm guessing you are looking at 30 days if they are only going after him on the defective equipment, 90 days if they are going to include a possession charge. Since he is under 21, I understand they have a ZERO TOLERANCE addendum to the law for minors, but your lawyer is probably the best one to ask about how that might impact the case IF the test comes back 'impaired.' If your lawyer files anything, it can slow down the clock, so I am guessing he is doing a "wait and see" on the results of the test, and once they get that, he can move forward and either deal with bad news or work something out on the remaining charges. It really doesn't benefit the police to hold the results from the lawyer, because that just gives him justification to stall the process to prepare a defense if needed.

http://www.lawyers.com/lawyers/A~1020284~LDS/Criminal+Process+in+New+York.html This link has a bit more detail (similar info as the one above) and might be handy as well. And this one lists the fines for DUI and DWAI, which might help as well: http://www.nydmv.state.ny.us/dmvfaqs.htm

I can empathize with how upset you must be, every minute probably feels like an hour. If your lawyer has experience with these kinds of cases, it's probably a good idea to follow his/her lead--assuming he or she has a good grasp of the ins and outs and deal-making at the courthouse in question. Sometimes, they play games to get in front of a particular judge, or avoid a real tough one (someone tells them that Judge SuchandSuch is going on vacation, for example!). I'm assuming you have confidence in the lawyer, so even though it is maddening, your best bet is probably to figure that it could be as much as a couple of months before he goes to court, or it could be sooner. I hope it all works out well for you.

[Twist_U_Up]

29. I was just at this site lol check this out.

This still doesnt address the question but I do see in there that they have 72 hours to arraign you. If this turns out to be the case , I will have my lawyers head on a plate but the last quote might be the kicker "Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations " can a cop be someone who arraigns you ?


http://www.lawyers.com/lawyers/A~1020284~LDS/Criminal+Process+in+New+York.html

Arraignment
Once criminal charges are filed, you’ll make a court appearance known as an “arraignment.” If you are incarcerated, this will usually occur within 72 hours of your arrest.

During your arraignment, you’ll be asked to enter a “plea” to the crime you’ve been charged with. New York pleas and corresponding definitions follow:

Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime.
Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
No contest plea: A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
"Mute" plea: In New York, you may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.
During the arraignment, the court will also:

Set bail
Refuse to set bail; or
Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations

[MADem]

31. I'm no whizkid on that zero tolerance law

...but since it virtually mandates testing (absent a confession/admission of guilt to the arresting officer) there could be a loophole within it--i.e., they have to wait for the tests to come back, and THEN the arraignment clock starts. Since the kid was released, and isn't in jail, they technically avoid the issue of "deprivation of liberty" even though he probably feels like he has a sword hanging by a thread over his head. It could also be that they may transfer the entire business from the criminal court (dropping the other charges) to the DMV:

In some cases, administrative Z-T adjudication is available for under 21 motorist charged with DWAI by transfer upon consent from a local criminal court to DMV.
http://glennmurraylaw.com/article_dwi.html

I honestly don't know, though, and I'd be kidding you if I pretended that I did. But maybe your lawyer could clear that issue up--he might not be aware that the arraignment issue is your specific concern (lawyers are like any other professionals; who sometimes forget that details that are obvious to them aren't always obvious to everyone else!).

I do know a little something about drug testing, though, and even though the results come back faster than they did in the bad old days, there is often a backlog of tests at some facilities. Again, this would be something that could be specific to your state (which labs are certified, how much backlog they have, that sort of thing) and could delay the process. If your lawyer is well schooled on how the process works, he might be able to give you an idea of how long it takes.

[Twist_U_Up]

33. Thank you very much

note to self : Schedule appointment with lawyer asap.
lol

another note to self: Get oldest kid in headlock and apply pressure till he smartens up.

p.s. On the ticket the cop wrote DWI. Thats the first thing my lawyer picked up on when we gave them to him. Would this have anything to do with this ? My lawyer says that it should have said DWI/DRUGS .

[MADem]

35. I thought that DWAI/Drugs (driving while ability impaired)

was a lesser included offense of DWI, but again, I don't know that for sure. Another question for your lawyer--also, scroll down to my post further on, I found a chunk of the law re: the timeline between the test and the hearing, that I posted in another post down below....

[ohio_liberal]

12. With all due respect, screw that

If the cops are doing something questionable, then let them be held accountable for it.

[DemInDistress]

4. I'd speak to an attorney... cops and policies like you

describe need to be reigned in. It smells terribly. The fact that your son has appeared in the papers is disturbing. Are you in a small town? I once sued for false arrest and dissemination of my police record to the
local newspapers. We named Rudy Giuliani as the ringleader.. 4yrs. later we settled out of court for 290k. my
attorney got half. ca sera sera

[Twist_U_Up]

7. My attorny is sitting on his hands

he wants to see if its filed or not. Which I think he is right on that part but he seems content to just let this pass too. I am debating whether or not to file yet. we need to see the results of that test but at the same time don't want to bring anymore light to this.Catch 22

[Crazy Dave]

5. It's a shame that that child molester in Vermont

gets 60 days but if you get caught with a joint you could literally get 2 years or more in some states. Same goes for erotic dancers. In order to keep our town safe, undercover police officers frequently spend about two months going to certain bikini dance club investigating whether the dancers are showing too much or getting too close to the customers per the local laws. One news report said ten officers worked two months surveillance on one club and busted 11 total dancers. Boy I feel so much safer, don't you?

[Sammy Pepys]

6. Maybe...

...the cops found out who he was later and decided to let it slide in light of that.

[Twist_U_Up]

8. perhaps , time will tell

damn this is eating at us though lol

[Apollo11]

9. I smell something ...

So your son gets special treatment because he has 2 uncles in the Police Department?

That's very reassuring for those of us who don't have family members in blue. NOT.

[Twist_U_Up]

13. Ummm

he was arrested and is awaiting trial. Did the cop lose it ? Time will tell. Is it because of nepotism,we may never know.

[ohio_liberal]

10. Something to consider...

My son got busted with weed too, and the charges dragged out for a long time. I found out the cops AND a public defender were considering getting him to become an informant. That's why they dragged it out for so many months. Or they may want to get him into a drug court that lasts for years over one crummy possession charge.

I posted about my son getting busted again for an outstanding, invalid warrant here if you'd like to read it. I know all about the funny looks and such. One puny marijuana charge can just screw up their whole lives:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x140888

[Twist_U_Up]

14. but ....

how long after you get arrested do they have to arraign you ? I thought it was supposed to happen within a few days. Isn't there some sort of statute ?? Did your son get arraigned quickly ?

[ohio_liberal]

15. This last time? We still haven't had the arraignment.

My son wasn't allowed to enter a plea but the judge ordered $10,000 bond. The actual arraignment isn't until the 25th. So it will be 11 days from the date of arrest to arraignment.

In Ohio, if a defendent is in custody then arraignment must be speedy. I don't know what would've happened with speedy arraignment if we hadn't posted the bond.

[Twist_U_Up]

17. well its been 3 weeks

since Dec. 26 he was arrested his arraignment was scheduled for the following week,the cop called us and informed us he needed to change the date till Jan 19th we showed up today and no file or information. Our lawyer talked to the judge, the judge said lets see what happens .

My question is: Is there a law that requires someone to be arraigned in a certain time frame ? I mean we don't even have another scheduled court date LOL wthell I guess we sit and wait for a summons ? How friggin long do we wait for that 3 YEARS ??

anyone ? :wtf:

[ohio_liberal]

20. According to this, 24 hours to arraignment in NY state

Under New York law, a person who is arrested and charged with a crime must generally be arraigned - that is, brought before a judge, given a copy of the charges, informed of various rights and either released or held pending bail - within 24 hours. The reason for this rule is clear: detention without an official statement of the charges or court review is a significant deprivation of liberty and should not be unnecessarily prolonged.

http://www.courts.state.ny.us/admin/stateofjudiciary/stofjud8/crim.htm

Notice how it says "generally". I'd call your attorney.

[Twist_U_Up]

21. he was released after the arrest

on his own recognance to me. He never saw a judge just the apperance tickets

[jayfish]

19. Wasn't There A Very Recent Court Decision...

which held that an officer smelling weed is not sufficient for search or arrest?

Jay

[NotThatNolan]

22. Can't say I have any sympathy.

My cousin was killed by a drunk driver. It really rubs me the wrong way when people whine about how unfair it is that they got a DWI charge.

[Twist_U_Up]

26. well isn't that sweet

try and read the post. My son doesn't drink number 1 and if hes as honest as I know he is,he wasn't stoned either. I feel the same as you on that issue.Believe me I have put him on dbl secret probation since this has went down.

[FreedomAngel82]

23. Only thing I can think of

:shrug:

[EFerrari]

25. In San Francisco, there is an office that expunges "bad" arrests

full time. You have no idea how often this happens. :(

But, your son was holding, so it seems doubtful that the cop's allegation will be challenged. Good luck with this.

[Twist_U_Up]

27. my question now is....

I know he was arrested and willing to go along with the process if the urine tests come back positive but my question now is:

He hasn't even been in front of a judge yet. He was arrested Dec. 26 the cops released him on his own recognizance. Isn't there a statute that says you have to appear before a judge for arraignment before a certain amount of time ? 3 weeks and no arraignment and no court date in the future ?

[EFerrari]

28. Isn't it 72 hours? It looks like the DA isn't taking this on.

So, he probably will not be arraigned. And that will be that as far as the police are concerned.

Except now the arrest is on his record. So, if he is ever stopped again, and a search is done, this arrest will pop up like bank charges.

Try to see if you can get it removed.

[Twist_U_Up]

30. No doubt, if thats the case.

thanks , if you look at thread 24 you will see my question to that situation

[EFerrari]

37. We wish you and your son all best, TUU.

And both of you know, many, many people get caught up in this stuff because it is much easier to arrest someone than to unarrest them.

:hug:

[MADem]

32. I think I found the law you seek--thirty days after the test

http://www.nysdwi.com/dwilaws.html

Scroll down to section 1194a--it's chock full of exceptions, though. Not less than 48 hours after the test, not more than 30 days, unless this or that occurs.

[Twist_U_Up]

34. Your awesome thanks

Ill read through this after dinner got Lasagna waiting

thanks again

[MADem]

Whoops, double clicking mouse got me again!

[MADem]

36. No problem--happy to assist

Good luck to you both, and enjoy that lasagne!!!!