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If a state trooper knows u have been drinking, should they ask u to get behind the wheel and drive...when u arent in the car

Port Henry, NY |

My son who is mentally disabled, had been drinking at a funeral. he was outside talking to people when a state trooper pulled up, whom he knows and they were just talking. Why did that trooper ask my son to get behind the wheel and drive 8miles.."to talk" whenhe knew he had been drinking, that could have been a fatality. Then arrested him, but said they would make the tickets disappear if he would wear a wire to do drug buys for them. Since he refused, they (law enforcement) has put us thru hell. Isnt this entrapment?? We dont know what to do, we cant afford a lawyer and the public defender is on their side.

Attorney Answers 5

Posted

It could very well be entrapment make a civilian complaint against the trooper to the NYSP. Make formalized complaint following their written procedures. They have a formalized procedure follow it, follow up on the investigation. Ask for and keep in touch with the investigator. If your attorney is not putting forth your defense borrow the money to hire an attorney that will. Many law firms accept credit cards. Or you can ask the court to assign different counsel for irrevocable breakdown in the attorney - client relationship. At the least DO NOT ACCEPT ANY DEALS! Put your lawyer to work and demand a trial. Often, an attorney does not want to prep a trial so they recuse themselves.

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Asker

Posted

Thank you so much for your time and advice...this has been hell, so you have been helpful. I live in a small town and they are aware that my sons 6yr old boy is battling cancer...enough is enough. Have a heart....I cant handle much more and I dont want them to win.

Posted

Try contacting the State Police headquarters in Albany. As to speak with someone in Internal Affairs. 518-457-6811. Good luck.

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Posted

Thank you very much for your help. This has been terrible what they have done to our family...esp. they are aware that my sons 6yr old boy is battling cancer. I appreciate your help so much...cant handle much more.

Posted

the public defender is not on their side. Bring all these issues to his/her attention and defend this case. This was a setup!

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Do not make any deals with the law enforcement. If you cannot afford a private lawyer seek representation by public defender agencies or the Legal Aid Society. Public defender agencies while supported by public funding are independent from government.

Please note that the information presented is for general informational purposes. The information does not constitute legal advice and does not create attorney-client relationship.

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Posted

This definitely sounds like intimidation and entrapment. As the others stated definitely talk to a supervisor at the State Police headquarters.

The public defender is your attorney. If you feel he is not on your side, ask the judge for a change of attorney. Speak to this attorney about your feelings in this matter.

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Posted

Thank you....you have been a big help. Theres been a big change right now...not sure if same judge will continue....unfortunately his son was just killed in Afghanistan last friday. As it stands right now, court has just been postponed until Dec. 4th. I just wish I could afford a good lawyer like you and others that have posted....but I cant. You at least gave me some hope...which is all we have. The Public Defender will NOT look into ANYTHING. The police are still harrassing us, everywhere we go..they pull us over. You're riding the yellow line, where are you going, where have you been, you parked to closed to the curb, dont use that inhaler while Im speaking to you!!! Its crazy...they sit and park and watch our house. My son went to the laundromat for me and they even went in there and harassed in front of everyone. They have taken over our lives....when they should be concentrating on all the drugs and crimes in this area, and leave us alone. We are good people that have had a very hard life. Its a small town and they even know that my son has a disease and may only have a year to live...stress is the worse thing for him. Thank you Mr. Bukh for listening to me and for the advice. You have been a great help to my Heart..Thank You.

Arkady Bukh

Arkady Bukh

Posted

You're welcome.

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