Ask a Lawyer and Get Answers to Your Legal Questions
DON'T YOU HAVE TO BE AT THE SEEN OF THE METH LAB TO BE CHARGED. A SALIVA SWAB WAS TAKEN SHOWING SHE WAS CLEAN OF ANY DRUGS. THE GRANDMOTHER WAS FOUND IN THE HOME ALSO BUT WAS NOT CHARGED, SHE WAS CLOSER TO THE LAB THAN MY DAUGHTER. AGE DISCRIMINATION? GRANDMOM LIVES THERE 24/7, MY DAUGHTER WAS JUST VISITING, SHE LIVES WITH ME, COLLEGE, WORK IN MY TOWN WHICH IS ABOUT 60 MILES AWAY.
Hello Not to be charged. Charges and being convicted are two different things. If they wrote charges, then they would have some evidence to show the prosecutor to have them proceed. But they can write charges and then the DA can say I cannot prosecuteRemember, the DA needs the evidence to get a conviction as they must prove their case beyond a reasonable doubt.I cannot make a judgment as to why the Grandmother was not charged. That is something that your daughters local defense attorney will have to determine. Maybe the Grandmother is going to be a witness for the state.Again, I am sorry that your daughter got caught up in this situation. But the state has to prove beyond a reasonable doubt. I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
THE JURY DETERMINES IF IT IS BEYOND THEIR REASONABLE DOUBT. THE SHERIFF SAYS SHE IS GUILTY, THE DA IS SAYING SHE IS GUILTY, AND AN 18 PERSON GRAND JURY SAYS SHE IS GUILTY. NONE OF THESE PEOPLE SPOKE WITH HER, SHE IS NOT GIVEN THE RIGHT TO DEFEND HERSELF UNTIL THE TRIAL. IT APPEARS TO ME THAT WHEN IT GOES TO TRIAL THE JURY WILL AGREE WITH ALL OF THE ABOVE JUST BECAUSE THEY SAID. REMEMBER I AM IN ALABAMA, AND THE AREA THIS HAPPENED IN HAS A SERIOUS PROBLEM WITH THESE LABS.
HelloI am sorry that you feel so disenchanted with the American justice system - still the best in the world even with all its flaws, in my most humble opinion. And it is the only one we have.However, she does not have to have a trial by jury. That is an option. She can have a Bench trial and that means one person - the judge - determines if there is enough evidence to convict.I suggest the only way that you will know what all the evidence is to have a local attorney or the Public Defender get all that information from the Prosecutor in a Discovery proceeding.Then and only then can your daughter decide what she needs to do.Unfortunately, there is no magic here - no magic in the law that can make this go away for her.She will have a chance for a defense, but there are proceedings that have to happen.
GUILTY UNTIL PROVEN INNOCENT IF YOUR LUCKY. SHE IS LOOKING AT 20 YEARS IN PRISON JUST BECAUSE SHE WANTED TO VISIT HER BOYFRIEND. SHE HAS NO PRIORS AND THE LAWYER SUGGESTED SHE PLEAD GUILTY AND POSSIBLY GET PROBATION. THERE IS PRE-TRIAL INTERVENTION HERE BUT UNLESS THE DA DROPS THE CLASS A FELONY SHE IS NOT ELIGABLE FOR IT. I AM AFRAID FOR HER, SHE IS AFRAID, THE WHOLE FAMILY IS AFRAID FOR HER. HER ARRAINMENT IS COMING IN JANUARY 2014 AND I HOPE I CAN STAY CALM UNTIL THEN. THANKS FOR YOUR INPUT BUT IT DOESN'T HELP MY NERVES MUCH.