Legal Question in Criminal Law in California
The city police came to my ex-husbands house on a 911 call. They looked for who called them and they saw my 17 year old son. No one knows who called them. My 17 year old son was handcuffed and taken by the police from his dads house, the police suspected my son to be under the influence of meth. The police took my son to the hospital to have his blood drawn; however, the Hospital staff said they needed my son's parents' consent to draw his blood. The officers didn't tell anyone they were taking my son, they just took him. The police officers then took my son to the police station and they made my son give them his blood and his DNA. My son came up positive for meth. The police officers then took my son back to his dads house within 2 hours. The police officers gave my son paper work stating what had happened. Is it legal for the police officers to take my 17 year old son without telling anyone like his dad that they were taking him, then handcuff him, take his blood, take his DNA, and then just give him a ride back to his dad's house? Couldn't this be kidnapping? Can the police take my son's blood without first getting his parent's consent?
1 Answer from Attorneys
Can they do things improperly? Yes. Can they be sued? Sometimes, not often successfully. If this situation, it will depend upon the outcome of the criminal charges.
When arrested and charged with any crime, as I assume your son is, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail him. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
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