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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88122
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in the state of AK, I ended up here because I am married

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I live in the state of AK, I ended up here because I am married to a military active duty. Recently, my teenager son was in trouble for smoking marijuana inside military property- to be more specific in the wooden area.
On his way home, He was stopped by a cop and the cop asked him for his name, the sponsor's name and the friends that he was hanging out with. the cop never saw him doing the drugs, but it was his friends who confessed about smoking marijuana and ended up involving my son's name. Their punishment is to go to court, this issue would be on his record and his reputation is ruined. Anyways, I am writing to you because I recently find out that the cop never told my kid his rights before or after the process of punishment and now they want me to take him back so they can do so. What should I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation. Can you please tell me:

1) How old is he?
2) Has he already gone to Court, or not yet?
3) If he has gone,what was the decision by the Judge? Did your son simply plead guilty and get a record, or, was there some kind of program he was asked to do, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

My son is 15, he has not been in court, I have to send by mail the violation notice, then he will have to go to court. My son didn't plead guilty, he was involved in the issue by his friends. Another thing you may want to know is that marijuana is legal in the state of AK, but not inside the military facility.

Expert:  Ely replied 1 year ago.
Thank you.

The US military follows federal law, and this is why marijuana is illegal in any federal facility or on any federal land.

Yes, he will have to go to Court. However, given his age and the relatively minor crime, he will likely be given some kind of deferment program wherein if he stays clean, does some community hours, and keeps out of trouble, this would not go on his record. Even if no such deal is given and he simply pleads guilty, the record would be sealed upon him turning 18 for any private employer/college.

I recently find out that the cop never told my kid his rights before or after the process of punishment and now they want me to take him back so they can do so.

You are talking about Miranda rights. The issue is that once someone is arrested, whatever they say may be used against them in Court. A warning is given of this - the Miranda right. However, simply because the son was not warned of his rights does not invalidate the arrest. it simply may have whatever your son stated after the arrest struck from the record, thus making the prosecutor's jib a lot harder since no confession or utterance may be used in Court.

So the fact that the Miranda may not have been read does not void the charge, I am afraid.

What should I do?

Retain counsel for him to ensure that he gets a good deal. At least the good news is that at 18,this will all be sealed and he is not facing any jail time likely, but simply an anti-drug program, etc.

May I recommend the Alaska Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88122
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Criminal Law Specialists are ready to help you

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