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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21732
Experience:  Handle criminal matters in both state and federal courts.
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My son (20 yrs old) was arrested for possession of marijuana

Customer Question

My son (20 yrs old) was arrested for possession of marijuana (2 grams) last Thurs.
During the arrest the officers sent pictures of the weed and possibly my son to friends who both the arresting officer and my son know and told them they should no longer let their son hang out with mine. They did so using their own personal I- phones. Do we have a case to get the charge of possession thrown out? Did they violate the Charter of Human Rights and Responsibilities Act 2006 - SECT 13 during his arrest?
Can the phone records (and content sent) of both officers be subpoenaed for trial?
He also received a ticket for a non working taillight that night which we have no intention of fighting.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and I look forward to providing you information In this regard

This happened in NJ and the Act that you refer to applies to Australian law

 

That does not apply in the USA and under NJ laws.

While in the US you are innocent until proved guilty, the fact that the officers sent the pictures has no bearing on the criminal matter.

 

However, if your son is found to be not guilty beyond a reasonable doubt, I suggest that it may be possible to file a civil defamation lawsuit because the information the police officers sent to police was defamatory.

When your son goes to court, I suggest he plead not guilty and that if you cannot afford a private attorney he ask for the public defender to represent him

 

The court will then set a hearing date.

 


Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.

 

Customer: replied 1 year ago.

Judging by part of your answer below it appears they only defamed him if he was innocent, but at that moment in time he is considered to be innocent till proven as you say......so at that moment they defamed him by sending the pictures to local friends (which I would think is privileged information) before being found guilty. Have they not done wrong themselves? Does this not help my sons case? Can we bargain the charge away?


 


"However, if your son is found to be not guilty beyond a reasonable doubt, I suggest that it may be possible to file a civil defamation lawsuit because the information the police officers sent to police was defamatory."

Expert:  Samuel II replied 1 year ago.

Hello

 

Defamation is based on lies. It is a direct attempt to harm someone's reputation based on lies that one knows to be lies.

 

So it needs to be proved that what the police sent is a lie. Truth is a defense to defamation.

 

So I understand what you are saying - but until he is proved not guilty then it is not a lie.

 

Anything that happens with the police or in the courts is public information. And so whether the police disseminate it or someone reads about it in the newspaper or court records it is all public knowledge.

 

The police have done nothing wrong, because that may be part of an investigation process where they are trying to scare others and so they can get more information for the case or other cases - the big fish so to speak

 

You may be able to negotiate a plea bargain. But you want a local attorney to assist with this because anything your son says to the District Attorney can and will be used against him. So, I suggest it is best to have a local attorney negotiate the plea for him

 


Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21732
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Is it not at the very least a violation of police policy ( opens them up to defamation lawsuits and such) I cant imagine each officer being allowed to make his own decision as to what is good or bad to send depending on each situation and legalities involved.

Expert:  Samuel II replied 1 year ago.

Hello

 

Thank you for the follow up questions

 

Of course, each police agency has its own policy and the situation here is does it violate your son's civil rights which I addressed that it does not because everything is public information

 

The other thing was is it defamation - and so you will need to wait until your son is found not guilty as defamation is a lie and if your son is found not guilty than the information the police disseminated would be a lie -

If you feel that what they did may be a violation of the policy of that police agency, then I suggest you will want to contact the supervising commander officer and file a complaint about it.

 

But each police agency can establish policy that does not violate civil rights or break laws

 

 

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