False Statement by Police that Somebody was Wearing a Wire

[Maine]

My son is in his early 20's. As he was dropping off a co worker at home the building was surrounded by police. The police were searching a neighbors appartment for drugs. As he pulled in the driveway, police approached them and started to search them. Son told them he was there to drop off someone to a different apartment and told them he didn't think they had a right to search him. Police threw him to the ground, handcuffed and searched him. Found 2 morphine pills and he was summons to court.

Two weeks later, Son went out after work with this same coworker and met up with some other acquintances. Son slept at the coworkers apt. He and another coworker left the apartment the next day. Approx 15 min. after they left. Police arrived and raided the coworkers apt. Police stated to the 3 occupants that my son was had been wearing a wire. They charged the three with felony drug trafficking.

My son was not an informant or wearing a wire. Of course the occupants do not believe him, the way it all played out he looks guilty as hell. These occupants know some very dangerous people who do not take kindly to an informant.

I think son needs a lawyer but he does not have the resources to pay for one. Son called the lead detective and asked him why he fingered him as an informant. Detective of course denys he did it.

Our whole family is in danger. I don't dare ask for police protection. I don't trust anyone right now and I am scared to death.

What can I do? Where do I turn? Son wants to take a lie detector test to clear his name ASAP. Money is a problem especially since the police are responsible for this situation.

please help, Thanks Maine

[deadlock]

Your son can request to be represented by a public defender if he is unable to hire an attorney.

[Maine]

Your son can request to be represented by a public defender if he is unable to hire an attorney.

Is he entitled to a public defender because of the false accusation? He was not charged with anything at the time or after the accusation.

[aaron]

He can only get a public defender if he's facing criminal charges. (But you stated that he was arrested for possession of morphine.)

[Maine]

Will a public defender be able to help him with false statement and the possession? Or are they separate issues all together?

[aaron]

The alleged statement by the police is a separate issue from the possession charge.

[deadlock]

I cannot figure out if you are saying your son was charged with possession or why he is being summoned to court.

You said the officer told the three your son was wearing a wire. But the officer told your son he did not say this. How do you think you might be able to prove this? Do you believe those three who heard the statement would be willing to testify in court that the officer told them he made this statement to three people charged with felony drug trafficking?

You stated

I think son needs a lawyer but he does not have the resources to pay for one.

If your son is charged when he goes for the hearing, he can ask for a public defender.

I am not sure what you are asking for when you say this:

Our whole family is in danger. I don't dare ask for police protection. I don't trust anyone right now and I am scared to death.

What can I do? Where do I turn?

[Maine]

My son was summons to court for possession of 2 pills, which theorically would give him a motive to become an informant, the raid two weeks later happened approx 15 min after my son left the building and the officer told the three that my son was an informant and had been wearing a wire. It looks really bad for my son. Yes, I do believe the three would testify to what the officer told them.

My son believes he was set up. I don't trust the police and by asking them for protection seems like it could be an invitation for more trouble.

My son needs to clear his name, the word is out that he is a "rat", this puts us in danger. I am worried about retaliation.

[cdwjava]

Unfortunately, the credibility of the three dope dealers is going to be very poor.

Your son is certainly free to make a personnel complaint to the employing agency, and (assuming he is an adult) he is certainly free to hire an attorney who can TRY to make a claim against the agency. However, without any damages it may be throwing good money after bad.

I don't see any criminal wrongdoing by the officer(s) even if it was said that your son was wearing a wire. It might have been stupid, and it might have put your son in danger (provided he still hangs out with dope dealers), but there is likely not even a civil claim at this time. You can't sue over what MIGHT happen someday.

If your son was not wearing a wire, it's possible that the officers told the three that he (or someone) was wearing a wire in an effort to get them to 'fess up to their own activity.

Your son chose to swim with the sharks, and now he's facing the consequences. Life's choices sometimes have bad consequences. Hopefully he has learned and can move ahead.

- Carl