Legal Question in Criminal Law in Colorado

marijuana charge

hi, my son was supposedely caught at school smoking marijuana.their were no drugs found and no proof of any kind.he was suspended,then that was overturned and was allowed to go back to school after 1 day.the problem is,the school cop wrote him a ticket for possesion.he has since been to court and we were told there was no proof apart from ''somebody said'' so they are now looking to prosecute for possesion as long as the person that said he saw him smoking comes forward! what can we do? a police friend said we should fight it and it will probably get dropped but i'm beginning to wonder....any advice would be greatly appreciated.


Asked on 4/05/08, 12:11 pm

3 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: marijuana charge

Do not disregard the United States Constitution. If the lesson your son learns from this is: (a) that he MUST talk to police (5th amendment); (b) that the words of a ghost witness can be used against him (6th amendment); (c)that he has no right to see his accuser (6th amendment), then he is being given an UN-AMERICAN education. The message he needs to get is that the phrase "We, the People..." includes him.

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Answered on 4/06/08, 2:43 pm
Philip Rosmarin Rosmarin Law Firm

Re: marijuana charge

You don't need to do anything. It's up to the police to find the "somebody." That person is unlikely to come forward or be found. Even the police must realize they have better things to do than this.

Even if worse comes to worst, and they do contact someone who claims he or she saw your son smoking, that isn't anywhere near proof. They are just trying to scare your son into an admission. Whether he was smoking or not, he should in no case admit it or further talk with police, unless it's to hear an apology (and then he should say nothing, not even "Thanks for your time, Officer Fool."

If this ghost witness is all they've got, believe me, the DA will dismiss rather than go to trial, assuming the DA has been to law school.

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Answered on 4/05/08, 12:27 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: marijuana charge

I agree, your son should fight this, especially if he is not guilty, as a person who is innocent should never plead guilty. Good luck.

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Answered on 4/05/08, 4:26 pm


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