During a school tribunal, my son was off campus on Memorial day weekend. He was in the vehicle with 7 other boys. Some adults, and three minors, there was pot found in the car. 3 of the boys have pled guilty my son did not have the pot, we asked for a UA at the "routine traffic stop" and out of 4 police cars none of them had a UA kit. My son was kicked out of the last week of his 10th grade year, did not get to take the finals. In their student handbook it states that the can not be arrested, charged or have possession of any controlled substance on or off school grounds. He was not arrested he was written a citation, he did not have any pot on him. NOW on top of all this he is kicked out of school until JANUARY 2014. CAN THEY DO THIS TO HIM? I can appeal/20 days should I?
The officer chose not to formally arrest him, but gave him a citation instead. He can fight the ticket the same way he could do if he was actually arrested. The judge will more than likely have him turn himself in to be "processed" (fingerprints, etc). Contact a lawyer to try to get his record saved.
Well, not really. A citation is a formal criminal charge, just like an accusation or an indictment. An arrest is a seizure or forcible restraint, or the taking or keeping of a person in custody by a legal authority in response to a criminal charge. Even if he was not arrested, he was definitely "charged."
Yes, they can do this to him. Yes, he should appeal.
You did not ask about a lawyer, but you should hire the best lawyer you can afford to defend him.
The problem is he was charged which seems to violate the school's policy. He was lucky he was only ticketed and not arrested s this is not on his criminal record. He needs to make sure he doesn't get convicted of this because it will suspend his drivers license for 6 months, and this is a hard suspension meaning there's no limited permit form work or school. Also, a controlled substance conviction would jeopardize his getting into schools, scholarships (including Hope), and future employment opportunities.
Possession of a controlled substance is a drug related crime. You can be charged for having drugs on your person or in your home, vehicle, or other property.
In a traffic stop or pull over, the officer stops you in your vehicle. Traffic stops are supposed to be based on reasonable suspicion that you violated the law.
Written by attorney Mark Broughton
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