[bigcountrycain]

One of my buddys went through a road block last night and his car was searched, pills were found in the car that someone had lost in the car, not sure exactly what kind of pills though. He was already on probation for 2 months earlier getting pulled over with the possession of marijuana. They took him to jail without reading him his rights and impounded his car and completely trashed it. They wrote the charge down as a mistimener and told him he could serve up to two years imprisonment because that's how long he had on probation that he hadn't started yet. Something does not sound right to me. Can anyone help.

??

[excon]

Hello big:

What doesn't sound right is your buddy letting himself get searched all the time. He DOESN'T have to let them do that...

Sure, they can revoke his probation and make him serve it all... But, he shouldn't listen to what the cops think... They're kind of dumb.

excon

[Fr_Chuck]

What does not sound right??

1. he was on probation for drugs.

2 at a road block more drugs were found

3. he gets his probation violated and has to serve his time from the original probation.

Happens every day.

a. rights, you are watching way too much law and order on TV, not the way it works in the real world, They only read you your rights if they question you, and if they don't read your rights when they question you, what you say can not be used in court, does not change anything else.

b. drugs found in car and driver/owner arrested, yes it goes into impound. Now at the impound, you may call it a search, they call it doing an inventory of the items in the car.

c. since they did not find more drugs, it is just a misdemeanor but still a crime. Now his defense to the charge, will be to get the person who has the legal prescription to this and then explain why they were not in the bottle but loose in the car.

Now this is what could happen, they may just leave him on probation and give him a second probation for new charges

[twinkiedooter]

Chuck, as usual, gives the straight from the horse's mouth advice on the search and Miranda stuff. The only thing I can add is that if the judge decides at the probation violation hearing would be he serves out his original sentence. Your friend will be held in jail until his probation violation hearing with no bond. You can go and visit him in jail if you are not a convicted felon.