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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1250
Experience:  Lawyer
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My son is 17 and was arrested an selling of pot and is

Customer Question

Hi...my son is 17 and was arrested for possession an selling of pot and is waiting to go to court. One of the restrictions of his arrest was that he does not do pot and remains home between the hours of 11pm and 5 am. He still does heavy use of pot, stays out all night and never obeys the restrictions. If he breaches these restrictions and gets caught my understanding is that we will be arrested. Do we as parents need to pick him up and be responsible for him the following working day or can we leave him in jail for a few days (tough love)? can we refuse to pick him up unless he agrees to get help? what are the drawbacks of reporting him to the police? he is out of control and we think that tough love my help.....Any help you can provide is greatly appreciated
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
THIS REQUEST IS URGENT SINCE MY SON IS OUT NOW DOING DRUGS AND i
WE MAY NEED TO CALL THE POLICE BASED ON THE ANSWER
Expert:  Daniel Freudman replied 1 year ago.

You have quite a few questions so I will try to answer them all. That being said, I will also Offer Additional Service of a phone call, as it may be easier for us to have a phone discussion.

1) If your son is caught breaching, he almost certainly will be arrested for Failure to Comply (recognizance). If you are his surety, you won't be arrested, but you risk having any and all money you posted (or pledged) for bail forfeited. However, if you go to the courthouse and advise them that you wish to pull the bail and be removed as surety, you will no longer be responsible for your son, and he will be re-arrested though likely not charged with further offences since the bail is effectively being revoked at your option.

2) You have no obligation to pick him up right away, or at all for that matter. You aren't legally required- even as parents- to act as your son's surety. Alternatively, you can agree to act as his surety and make one of the conditions of bail that he attend counseling, failing which you can remove yourself as surety and he'll be re-arrested.

Expert:  Daniel Freudman replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services, thank you.

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