Arrest, Search, Seizure, Warrant Arrested at my front lawn

[vector1]

My son pulled his car into our driveway and got out into our front lawn; motorcycle cop was behind him saying he is arresting my son as he made a fast left turn; son said you can't arrest me I'm at home and on our property; police handcuffed him and gave him a 23103(a) vc Misdemeanor-

more police came and insisted my son was on drugs; although we told them he just started his adhd medication; made him do all the tests and could not get anything on him'

Will the arrest /ticket hold? do we need an attorney to fight this? pls help

 

[CdwJava]

son said you can't arrest me I'm at home and on our property; police handcuffed him and gave him a 23103(a) vc Misdemeanor-

:nuts

Okay ... now that I have stopped laughing!

Tell your son that the law is not a game of tag - home is not "home base" where you can't be caught! The officer observed a misdemeanor and made the arrest of your son for the crime ... being in his yard does NOT prevent him from being arrested.

more police came and insisted my son was on drugs; although we told them he just started his adhd medication; made him do all the tests and could not get anything on him'

Then apparently the evaluation did what it was supposed to do and identified the fact he was not under the influence of a controlled substance.

Will the arrest /ticket hold? do we need an attorney to fight this?

Yes, and, yes.

- Carl

 

[vector1]

thanks- so these citations are really misdeameanors ?

or these can be reduced to infractions?

 

[seniorjudge]

thanks- so these citations are really misdeameanors ?

or these can be reduced to infractions?

Have your kid's attorney talk to the prosecutor.

Just wondering: Where did you come up with the idea that one could not be arrested on one's property?

 

[CdwJava]

thanks- so these citations are really misdeameanors ?

or these can be reduced to infractions?

The offense CAN be charged as an infraction, but reckless driving tends to be charged as a misdemeanor though he might be able to plead down to the infraction. If he has to appear in traffic court, they are treating it as an infraction ... if in Superior Court, it's a misdemeanor. And if he is having to appear in Juvenile Court, it could go either way.

He should probably consult an attorney.

- Carl

 

[vector1]

teenage delusions

 

[vector1]

thanks much