My question involves criminal law for the state of: New Mexico.
My son and his girlfriend are expecting a baby. In fact I think her due date is today, yet my son has been setting in county jail since Wed 9/3/8.
He went to his 3rd meeting with his probation officer. His PO accused him of being high, smelling like marajuana, and tried to get him to admit that he had been smoking pot. After my son refused to admit to such a rediculous charge (smoking pot just before seeing your PO?) his PO pulled out the drug test results for last 2 visits and told him that his THC levels were 19 nanograms higher in week 2 than they were in week 1 and again tried to get him to admit to using marajuana.
Again my son refused to admit to any use subsequent to his probation and his PO called him a liar and went ahead and violated him anyway, threw him in jail where he still sits 5 days later.
On day 4 (of my son's incarceration) his PO finally scheduled a revocation hearing for Thursday 9/11/8 where they will probably just let him continue his probabtion anyway since the circumstances of his violation seem questionable at the very least. In the mean time my son will likely miss the birth of his first child.
Before I ask my questions let me state the following:
My son was staying with us in our home the week of his 3rd PO visit and my wife even drove him to his PO visit that day. From the time he was sentenced to probabtion, my son was vigilant about 100% compliance because he did not want to miss the birth of his son.
Here are my questions:
Is there any way possible for THC levels to slightly rise (19 nanograms is well below the 50ng standard for a positive test) from week to week after sessation of pot smoking? I have read much about how THC is stored in fat cells (my son is obese and weighs 260lbs) and how physical activity can release the THC metabolite that the THC test looks for into the blood stream after the fact.
My son has a Public Defender who hasn't even contacted my son since he was taken into custody 5 days ago. His defense of my son (a whole other topic) was questionable as well. How do I know my son is getting competent represetation? Neither my son or I can afford an attorney.
I think my son is being railroaded and the the drug test results were "trumped up" and his constitutional rights may have been violated especially if as a result he misses the birth of his son. Where can I go for help?
Thank you so very much in advance for any support in this matter.
One very distraught father and grandfather to be (my first as well).