My 21yr old daughter is being charged with conspriacy in the 4th degree

[MSGee]

On 6/3/10, the police barged into my apartment looking for my daughter, and my son. They stated they had an arrest warrant for my daughter,I asked to see the warrant and it was held in front of my face. I was only able to read my daughter's name. I asked what is she being arrested for, I was told to go to court to find out. They didn't show a warrant for my son, but they searched my house looking for him. My daughter is 21, she's never been in trouble in her life. She was taken to the precinct, I was told she would be seen in court the following day...she was seen in court the same day, and sent to Rikers Island. I was at the court house waiting to see her go before the judge (the courts were stating her paperwork wasn't ready). She called me on 6/4/10 to state she was actually on the island and she was being charged with conspriacy. She didn't know conspriacy for what. She told me her next court day is 8/12/10, and her bail is $150,000. She also stated she was being charged for doing 3-way calling for her boyfriend who is also on Rikers Island. My question is, was the police's search of my home legal and also what are my daughter's chance's of being released on 8/12. Why is there such a high bail, and why so long for the next court date?
One more thing, her boyfriend's lawyer told me they took my daughter to have leverage over the boyfriend.

 

[mightymoose]

My question is, was the police's search of my home legal and also what are my daughter's chance's of being released on 8/12. Why is there such a high bail, and why so long for the next court date?
One more thing, her boyfriend's lawyer told me they took my daughter to have leverage over the boyfriend.

Yes, if the police had a warrant for your daughter then the entry of your home for the purpose of locating and arresting her was legitimate. The police were only allowed to search for the person named in the warrant, not for additional evidence or otherwise search the property.

They did not need to have a warrant in their possession, but it is nice if they do. As for your son, they did not show you a warrant but it does not mean the didn't have one. If a warrant existed and it was his primary residence, they could check for him. You didn't say that they located and arrested him though.

The high bail can reflect a perceived flight risk. Your daughter likely lawyered up in jail and waived her right to a speedy trial, which is common, and that is why she is being held until August.

It is possible that they are using her as leverage, but they wouldn't be able to do so unless she actually had some involvement in something- your daughter might be a small fish, but very possibly a guilty fish.

You should be able to make some calls and find out who is representing your daughter. That person MIGHT be able to help you out, but your daughter is an adult and the attorney can't give you much information without her consent... so if you hit a roadblock it is because your daughter just doesn't want you involved.

 

[MSGee]

They eventually arrested my 16 year old son also. My daughter has an attorney, and I do have permission to speak w/him. He is basically stating her name was mentioned in the indictment a total of 4 times. he stated her role is not as severe as the others. She mainly passed calls. On one occassion she was asked to pick up money to send for commissary, which was $100.00. There shouldn't be a flight risk, she is unemployed and she doesn't have a passport or any money to run.

 

[army judge]

Ask her lawyer to request a bail reduction hearing.

At the hearing, you should indicate that your daughter has ties to the community and is not a flight risk.

Promise the court, that as her mother you'll do everything to make sure she cooperates with the process, and that she will make every court appearance.

You'll ensure she will comply with the terms of her release, no drugs, no alcohol, obeying all laws, and adhering to a curfew.

You could also try to see if she can be released on her own recognizance. That means on her (or perhaps hers and yours) signature.

Good luck.