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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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WV state police pulled over my son after he left a head shop

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WV state police pulled over my son after he left a head shop with his wife in the car. He said it was due to a license plate cover but took him back to his car and told him that he needed him to go make a buy for him and he would let them go. They turned over the parafinalia and and empty bag with a few seeds in it. He told them to call the magistrate and pled not guilty. what are your thoughts on this
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Was your son arrested and charged with the crime?

Can you please provide me with more details related to your questions?
Customer: replied 3 years ago.

he was not taken to jail but was given a citation to call the magistrate

Thank you for your follow up.

What is the criminal charge that your son was cited with?

Did your son voluntarily turned over marijuana and also drug paraphernalia to the cop?
Customer: replied 3 years ago.

he did not but his wife did. it states on the citation poss MJ <15g and false info DPS.

Thank you for your follow up.

So, let me make sure I clearly understand what took place.

1) Your son was pulled over.

2) The police officer asked your son to cooperate with him / assist him make an undercover purchase of pot.

3) Your son's wife voluntarily turned over pot and paraphernalia to the cop.

4) Your son was cited for poss. MJ <15 grams and also false info to DPS?

Please let me know if I got this situation right?

Also, please tell me if your son has any prior criminal convictions?
Customer: replied 3 years ago.

no he has never been in trouble before. his wife was also charged with poss MJ <15g because the bag with a few seeds and NO pot in it was on her side of the car. She also has never been in trouble before. the cop also had an oz of pot and pills in the cop car when he threatened them with arrest if they did not assist him in setting up a dealer.

Thank you for your follow up.

Did your son and/or his wife assist this police officer to make a drug buy?
Customer: replied 3 years ago.

no they refused. he told them he would call them back in 3 days to see if they would change their minds. that is why he wnts them to plead not guilty to give them more time...for what we do not know. would this not be intrapment if he is sitting outside the shop to follow people off the property and pull them over?

Thank you for your follow up.

Unfortunately, under the limited facts that you described, it would not be an entrapment for a police officer to conduct surveilance on a known drug location and then to pull over subjects suspected of purchasing / visiting a known drug location, especially if the vehicle your son was driving had some type of a license plate cover, that obstructed it, as that would provide the officer with a legitimate reason to conduct a traffic stop.

Also, if your son's wife voluntarily turned over marijuana and drug paraphenilia to the police officer, this evidence are more than likely will stand in court against your son and his wife.

The criminal charge of possession of MJ <15g is a midemeanor and carries a penalty of up to 30 days in prison and find of up to $500.

Providing False Information to DPS is also a misdemeanor and carries a penalty of up to 12 months in jail and a fine of up to $2,500.

These are pretty serious criminal charges and can result in jail time upon conviction, so I would suggest for your son and his wife not to communicate any further with this police officer or any other law enforcement agents and consult with a local experienced criminal defense attorney as soon as possible and to strictly adhere to their local criminal defense attorney's advice.

I wish you and your family the best of luck!
Customer: replied 3 years ago.

thank you but i do not understand. the store does not sell drugs. the license plate cover was not obstructing anything. this was his excuse.

Thank you for your follow up.

I completely understand how the criminal law and procedure can be complex and confusing even to some lawyers, so I will be glad to further explain.

It will be extremely important whether the police officer had a valid legal reason to make this traffic stop, that did result in these criminal charges and discovery of evidence.

Of course, the police officer and the prosecutor will argue that there was a valid reason for the officer to pull your son over, such as a license plate that might have obstructed his license plate or possibly the officer will come up with some other legal reason and it would be a job of your son's and his wife's local criminal defense attorney to argue that the traffic stop was not legal and if the defense attorney is successful, the entire case might get dismissed.

Alex J. Esq. and 3 other Criminal Law Specialists are ready to help you
Do you have any related follow up questions for me?
Customer: replied 3 years ago.

Why would the cop have drugs in his car that he showed to my daughter in law while she was alone in the car with him? is this normal?

Thank you for your follow up.

No. This would not be normal, but it would be your son's wife's word against the cop's word, unless there was a camera inside the police car and then your son's wife criminal defense attorney will be able to subpoena the camera footage from the police car.

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