My 19 yo was stopped in our apartment complex with a friend and frisked, he had rolling papers on him and was given a citation for possession of drug paraphernalia.
I agree with the responses, above. Remember, the state's attorney needs to prove your son's guilt, beyond a reasonable doubt. The state's attorney does this in one of two ways, the easiest way is for the defendant, your son, to admit to the crime, that is, plead guilty. The state's attorney then reads the police report into the record and typically, information in the police report is enough for a judge to find a defendant guilty. The other way is to have a trial where the state's attorney calls witnesses, such as the police officer who stopped and arrested your son and his friend. Your attorney will have the opportunity to cross examine the officer & find out why these young men were stopped and "frisked". The police need to have a reason, not a hunch. An attorney will help your son sort through the details before trial and come up with the best possible solution, whether it is a trial, a plea or participation in a pre-trial "diversion" program.See question
I lost in District Ct. because my daughter said I take medication. All my family have mental health issues, I am the only one that got treatment. I am totally mentally healthy but the judge stigmatized me and refused to allow me to talk. I do...
I agree with the comments of attorney answers, above. First step is to look at the documents you got from the court and see whether its an "interim" protective order or a "final" protective order. If it's an interim order, you should have an opportunity to talk at the final protective order hearing which is usually held about a week after the initial hearing. I would suggest that you try to organize your thoughts by taking a few moments to write down what happened, step by step. Then fill in the details: Where did the alleged "pushing" take place. What else was happening at the time? Were the adults arguing ? Who else was there? Was anyone actually supervising the child? Was anyone holding the child? What is the child's age? Were you invited for a visit or was the child at your home? Was the child injured?See question