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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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Hello,, My son is 15 yrs old and and is being pressed

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Hello,, My son is 15 yrs old and and is being pressed charges..He went to a party and brought 3 oxicoden pills. He gave the pills to 3 of his friends. One of the girls had sex with an adult. She reported she passed out and was raped because she was drunk and took the codene..I received a call from the police and was asked to come in for questioning..I went down with my son and was told by the cop that 2 girls wrote statements stating my son gave them the pills. He initially said he did not and the cop raised her voice and said she''d move forward with a conviction. I told my son to be honest and he wrote a statement saying he brought them and gave the pill to one of the 2 girls, not the one that got raped.. Prior to the questioning I asked the police if I needed a lawyer and she said no, its just to get a statement of from him..She did say that bringing the drugs was a felony. She called me and informed me my son is going to court. I''ve not received the charges yet.. What can happen ?
Asking the police if you should get an attorney is almost like asking a robber if he wants you to get the police, the answer will always be no. Was he marandized? read his right prior to questioning. Luckily he is 15, if he were 18, his offense of delivery of a controlled substance to a minor would be a very serious charge. Oxycodone is a Schedule II substance, which is the most restricted substance that can be possessed by anyone legally, it is prescription only and doctors are not permitted to refill a schedule II substance, so each time there must be a new handwritten prescription, as these are dangerous and addictive drugs, yet the danger is not outweighed by the benefit in all cases. If a drugs adverse actions are so severe that they outweigh any benefit, they are placed in schedule I and are illegal except for scientific or research purposes.
As it sits now it appears he can be charged under:
§ 90-95. Violations; penalties.
(a) Except as authorized by this Article, it is unlawful for any person:
(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;
(3) To possess a controlled substance.
(b) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(1) with respect to:
(1) A controlled substance classified in Schedule I or II shall be punished as a Class H felon, except as follows: (i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony, and (ii) the manufacture of methamphetamine shall be punished as provided by subdivision (1a) of this subsection.

I am going to assume he gave or delivered the pills and did not sell them? If the rape victim was treated prudently, there should have been blood or urine available for testing to determine her level of intoxication and if she did in fact have oxycodone present in her body.
I do not believe he could be charged as an accessory to the rape because there was no reasonable way he could have foreseen that as a likely consequence of the act, and depending on the dose of the oxycodone in relation to alcohol consumption, causation could apply. Causation means what it sounds like, to cause, was the oxycodone the primary cause of her being helpless to resist the sexual assault. If the dose was so great, i do not believe her memory of the event would be very clear. NO doubt about it, oxycodone is a powerful drug and can cause drowsiness in moderate dosage.

Given that she took the drug and drank on her own volition, his age, and cooperation, i would retain an attorney and try to get the state to drop the distribution charge and reduce it to possession, in exchange for any information he may have about the real bad guy in this case, the one who raped the young lady, this is the person society needs more protection from, as opposed to a kid who made a mistake that lead to something he could not predict, or someone who preyed on a vulnerable victim, in a violent, malicious, intentional crime.
§ 15A-1054. Charge reductions or sentence concessions in consideration of truthful testimony.

(a) Whether or not a grant of immunity is conferred under this Article, a prosecutor, when the interest of justice requires, may exercise his discretion not to try any suspect for offenses believed to have been committed within the prosecutorial district as defined in G.S. 7A-60, to agree to charge reductions, or to agree to recommend sentence concessions, upon the understanding or agreement that the suspect will provide truthful testimony in one or more criminal proceedings.

(b) Recommendations as to sentence concessions must be made to the trial judge by the prosecutor in accordance with the provisions of Article 58 of this Chapter, Procedure[s] Relating to Guilty Pleas in Superior Court.

(c) When a prosecutor enters into any arrangement authorized by this section, written notice fully disclosing the terms of the arrangement must be provided to defense counsel, or to the defendant if not represented by counsel, against whom such testimony is to be offered, a reasonable time prior to any proceeding in which the person with whom the arrangement is made is expected to testify. Upon motion of the defendant or his counsel on grounds of surprise or for other good cause or when the interests of justice require, the court must grant a recess

If charged under the delivery statute, if he has no prior criminal record, the recommended sentencing range is 4-8 months, which could be community control, probation, house arrest ect.
If you could get the charges reduced to possession, it would lower the crime to a misdemeanor, which would be great, no one wants a felony on their record.

jamest and 4 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
How do you find a good juvenile lawyer in NC ?
Honestly I do not know of any. I suggest looking in your yellow pages or local directory, there before the attorney section there is usually a telephone number for your local branch of the state bar. The bar is the organization which regulates attorneys and the practice of law in the state. They may be able to direct you to an attorney in your area who is knowledgeable in the area of law that applies to your case.
Customer: replied 8 years ago.
Reply to jamest's Post: Hello and thank u for your responses.. He was not manderized during his questioning.
And I'm getting a feeling that she does not actually have statements from the girls. I read on the internet that the police can lie to get u to incriminate yourself, which he did when he signed a statement..
If he was not read his rights, the statement may not be admisible in court. This was at the police station, in a questioning room is what i am picturing?
Yes the police can and usually do lie to get statements, there are certain boundaries and such, certain areas of which they are not allowed to lie about, but for the most part they can say almost anything.
Customer: replied 8 years ago.
Thank you for your responses. The internet is great stuff and so are the people who help others such as in this case.
I wish u the best of luck, health and happiness.
Thank you, XXXXX XXXXX the compliments, and i enjoy being able to assist people in this easy, and private forum. Should you need any help in the future myself and the other experts here will be happy to assist.

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