Legal Question in Criminal Law in California

my 13 yr old was accused then arrested for giving away marijuana to another minor that ate it an ogt sick. Several witness said my son did not give the student anything. He had no drugs or extra items on him when searched since the police claimed he sold her the marijuana cookie. My son maitianed that he gave the student nothing but was still arrested for a felony because this student at the time under the influence named my son.. Now we discover statement obtained by the v. principle and security clearing my son of any wrong doing are missing in his school file.


Asked on 9/30/12, 5:56 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's common for witnesses to disagree about what happened. That some witnesses say your son is innocent does not change the fact that the victim -- and perhaps some other witnesses -- say he's guilty. Some of these statements favor your son, but whether they "clear" him is for the court to decide.

That your son had no drugs, etc. on him when he was searched is helpful, but it does not prove he's innocent. He may have given his last drugs to the victim, or he may have disposed of them some other way in the interim.

That the victim was under the influence when he named your son may also be somewhat helpful. Once again, though, it doesn't prove anything. It only raises doubts about how reliable his memory was, and those doubts are probably pretty minor.

I don't know why you think the favorable statements were ever in your son's school file or why you think they are missing now. Without more information about this I can't offer any guidance.

The best advice I can give you is to get your son a lawyer right away. He needs one.

Good luck.

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Answered on 9/30/12, 8:00 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

yes I agree, i.e., I advise to see some attorneys � many of them give free consultations in person or on the phone. Talk to some that are local to where the case will be heard. Good luck!

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Answered on 10/01/12, 9:14 pm


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