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  1. #1
    Join Date
    Nov 2019
    Posts
    3

    Default Police Lied to the Solicitor and Judge

    My question involves criminal law for the state of: South Carolina.
    My son spent two months in a local county jail. He was on drugs, and broke into a closed business. He was under the influence of drugs and only broke the window and a glass case. There was also an investigation going on at the same time in another county. His attorney and the deputy solicitor were made aware of the investigation. The detective in the other county said that no warrants had been issued for my son, and if they were it might not be for burglary, it would possibly be for receiving stolen goods. So, he went to court and the judge was made aware of the investigation. The deputy solicitor said that he didnít feel like the other county was going to pursue charges. The judge sentenced him to 5 years probation, restitution for the window, and he must complete a drug rehab program. This was also placed under the youthful offenders act, and would come off of his record after he completed everything.
    The week after he was released, he checked himself into a rehab facility. Three weeks later, the other county has charged him with 1st degree burglary and conspiracy. He is in rehab and doesnít know any of this. I have spoken with the deputy solicitor and he says this doesnít make his office look good, since he was under the impression that at the most it would be receiving stolen goods. His attorney was going to contact the judge, but I havenít heard from her due to her being in court this week.
    I feel like I have been slapped in the face, and he is under the impression that he has been given a second chance to make something out of himself. I need advice on how to handle this. The deputy solicitor said that my son has a good defense case due to the detectives statement. Please help.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,755

    Default Re: Police Lied to the Solicitor and Judge

    If the detective said "might not" and "possibly", he may not have been lying. That might have been his understanding of where things were headed and something changed. Even if he did lie, I'm not sure how it makes things worse for your son. He was given a lenient sentence on the first set of charges and is working on cleaning himself up. He's just going to have to deal with the other mess he made for himself. He was going to have to that anyway since the detective's alleged statements inferred there would be a charge of some kind.

    There isn't anything you can do on this. It's up to your son's attorney.

    I don't see why the deputy solicitor is getting pissy. He acted based on the information he had. He got a win either way. I also don't see how he figures the detectives statements in any way help your son.

  3. #3
    Join Date
    Nov 2019
    Posts
    3

    Default Re: Police Lied to the Solicitor and Judge

    The detective has also charged two others with the same charges. She also gave a false statement to one of the others family, saying that my mother handed over a video of their daughter robbing the house. The solicitor isn’t acting pissy. The judge is a circuit court judge, and he wanted all of the charges upfront and tried at the same time.
    The detective also lied and said she only spoke to me as a parent. She asked me to identify two males that I had never seen before. She also said my son helped in the investigation and she couldn’t connect him to any robbery. I understand that we all must face the consequences for our actions, but so should the police. She has lied so much that my parents are getting threats. It’s hard to watch a snake with six heads. While you are looking at one, they are biting you in the butt with the other one.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Police Lied to the Solicitor and Judge

    The detective is not the one who ultimately decides on the charges; that is done by the DA.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,755

    Default Re: Police Lied to the Solicitor and Judge

    The police are allowed to lie. Without context it's hard to say but the statements you have described are the kinds of things police tell suspects to get them to confess or provide information.

    Was the other county even in the same circuit? The solicitor is being pissy. He spoke in court based on assumptions and it bit him in the butt. If the detective said to him what you claim, he was a fool to tell the court wasn't going to pursue charges without talking to that county's solicitor first.

  6. #6
    Join Date
    Nov 2019
    Posts
    3

    Default Re: Police Lied to the Solicitor and Judge

    You are exactly right, but the police report only list one person who went into the house. I have the utmost respect for police officers. My cousin died in the line of duty, and another had his arm ripped off by someone on bath salts. This detective flat out lied to all of us, and now her lies are the cause of the threats toward my parents.

    It is him the same circuit, and I have a copy of the email from the detective to the solicitor. This investigation started in August. It is now November and my son was in jail all of September and October. Things do not add up. Including saying that my son was driving his car that is lime green. He has not driven that car since April. It has been locked up due to his drug issue.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Lied to the Solicitor and Judge

    The detective has no control what a prosecutor, especially in a different area, does regarding a prosecution. A judge doesn’t either so some judge wanting it all of any possible charges at one time is irrelevant. The da files charges when they believe they are warranted and they have adequate belief they will be upheld in court.

    if your son has a valid defense, he will get to present it in court during the trial. What the detective said is not any sort of defense. In fact it’s meaningless. Not being involved and able to prove it is a defense.

    as to the statement about only one person entering the building; how would the detective know? Unless he was actually there, he can’t possibly know with any certainty.

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