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Asked 11 months ago - Lorton, VA
FlagMy son who is a college student was standing on the porch of a house in which a party was ongoing. The police arrived and attempted to enter the house, someone in the house closed the door as the Officer approached. My son then stated to one of the resident that the officer cannot enter the house without a warrant. The officer heard my son's statement and placed him in handcuff, placed him in the back of the squad car, then release him on summon for Obstruction of justice. I spoke with the Officer who told me that my son stepped in front of him and prevented him from entering the house. Witnesses who were on the porch said my son was at least 5 feet from the door and not near the officer or in the path to the door. They think the officer arrested my son because of his statement.
You need to talk to a lawyer. Without all the facts and investigating the case by talking to those five witnesses, no one will be able to give you a "good defense argument." Depending on the circumstances of the case, which judge is sitting in the court room and the demeanor of the officer, your son's matter can turn out a number of different ways.
Adam M. Carroll, Esq.
W O L C O T T R I V E R S G A T E S
Attorneys at Law
Convergence Center IV
301 Bendix Road, Suite 500
Virginia Beach, VA 23452
Telephone (757) 497-6633
Direct Dial (757) 554-0249
Fax (757) 687-3655
www.wolcottriversgates.com
I am assuming that this is the second time you submitted this question. You need to go over these details with a local criminal defense lawyer. The facts you point out would establish a defense, if the judge or jury believes the witnesses but this is not the proper forum for discussing those facts. You should do so privately and confidentially with a lawyer, who can then work with you to identify the witnesses and get statements from them on behalf of your son. If the facts are as stated, there is also a fair chance that a criminal defense lawyer could get the charges dismissed early in the process.
I am sure that you are upset about this situation, but you should direct your energy toward finding a criminal defense lawyer in the Tidewater area.
Mark Westerfield
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