Legal Question in Criminal Law in Missouri

Can the police right statements?

My son is charged with a class B felony of controlled substance with intent to sell.The thing is I have a statement that the police said he wrote and my son was strung out on meth and had been up for 2 weeks at the time.I also have my sons IEP from school which says he does not have the capabilities to write the statements they say he wrote.Not to mention That he had been up for 2 weeks.Doesn't it matter that he was under the influence of drugs when this statement was wrote?He did have drugs on him at the time he was stopped and he gave the police a main dealer which they busted with about 23 grams of meth and a couple of guns and I thought that should help his case too, he did give them a dealer.Any advice would help.My sons only other charge has been a paraphernalia pipe charge which he got a years bench probation on and he walked that out.My son said he signed something but he didn't know what.He was to messed up from the drugs.Since the police wrote the statement and he was under the influence of drugs whats the chance of getting this thrown out or at least having the chrarge lowered to possesion maybe? Any suggestions??


Asked on 3/26/04, 6:15 pm

2 Answers from Attorneys
robert nudelman criminal defense associates

Re: Can the police right statements?

Your sonis in trouble because he does not have adequate legal representation. HE NEEDS IT NOW.

Please call me at (800) 313-9619 on

Monday.

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Answered on 3/27/04, 11:10 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Can the police right statements?

As you may already know, it is sometimes possible to have a defendant's "statement" suppressed, or kept out of evidence, if it was obtained in violation of his Constitutional rights. The validity of a defendant's waiver of his Miranda rights requires a knowing and voluntary waiver. This is very often a matter of serious dispute, and there is a great deal of case law on the topic. You do not say whether your son has an attorney representing him, or whether he had an attorney representing him at the time he gave the cops a drug dealer. I hope for his sake that he did, since an attorney would have taken steps to work out a deal with the prosecuting attorney negotiating a better plea bargain in return for the defendant's cooperation. All too often, the police simply use the defendant, preying on the defendant's fear of prison and so forth, and then do nothing to make things easier on the defendant

at sentencing. I have handled many similar criminal defense cases over the twenty-five years I have been practicing law, and I would be willing to speak with you or your son. If he is not already represented by legal counsel you or he may call me at 314-727-2822.

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Answered on 3/26/04, 10:47 pm


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