Legal Question in Criminal Law in Virginia

drug charges

My son has been arrested on a drug charge that has been dismissed in General district court. Can they do that? When they arrested him he wasn't been read his Miranda rights and the sherriff's department didn't let him know that he had an arrest warrent against him for not coming to the grand jury. They told him he had some papers to fill out and he would be returning home after he filled them out. There are 3 sheriffs departments involved and they came in with the same story about papers to be filled out. I know my son and he would have been at court had he been notified. He is currently being held without bond. When the charges were dismissed he moved to another state so he could raise his daughter and get his life in order. They have him as a fugitive from justice now. What would be the sentence for selling less then an ounce of pot if this he has never been in trouble before.


Asked on 4/15/07, 9:06 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: drug charges

The failure of the arresting officer to read the arrestee his Miranda rights

in no way invalidates the case(by itself).(It merely prevents the prosecution from utilyzing any information that was improperly obtained from the interrogation of the defendant.)

Furthermore, law enforcement authorities can make up any story they want in order to inveigle a defendant

to come into their jurisdiction where he can be arrested.

The apparent reason that your son is now being held without bond is that he

quite reasonably is considered a flight risk since he and his family now reside in another state.

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Answered on 4/15/07, 10:55 am


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