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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

  1. Best answer

    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.

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

  3. 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.

  4. 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.

  5. 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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