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  1. #1
    Join Date
    Dec 2008
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    5

    Default Son Cited for Simple Misdemeanor - Drug Paraphernalia

    My question involves criminal law for the state of: Iowa.

    Son was cited for possession of drug paraphernalia, a pipe, after he was detained by the police. He was detained because a "friend" of his who asked for a ride in his car to a local store ended up trying to shoplift some energy drink. Son didn't know of his friend's plan and was purchasing chips and soda when the clerk called the police. The police arrived and took both persons to the station where one officer performed a breath test on the other boy, who tested positive for alcohol. The other officer started on our son by asking him to empty his pockets and then started to pat his pockets, he was still wearing a heavy winter coat, and grasped his upper left chest pocket and told our son, "I know what this is." Our son did not say anything and was cited and released. He has no record of any kind with the police. He was never advised of his rights at any time. He has a date to appear in Magistrate Court. What is best way to proceed. He is still in high school, though he is 18.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Son "Cited" Simple Misdemanor - Drug Paraphernalia

    I would get him an attorney and some therapy.

    I would also ground him to the house until he is old and gray.

  3. #3
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Son "Cited" Simple Misdemanor - Drug Paraphernalia

    The attorney is out of reach for us. He will have to go with a court appointed as we have no resources. As far as grounding, how does one do that with an 18 year old?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Son "Cited" Simple Misdemanor - Drug Paraphernalia

    You do the opposite of grounding - you remind him that he's an adult and that, if he's unwilling to abide by the rules of your home, should be finding a new place to live.

  5. #5
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Son "Cited" Simple Misdemanor - Drug Paraphernalia

    We have tried for a long time to impress upon him his adulthood and what it means. As of Monday morning, he has left our house to go who knows where. I guess this is what happens when one fails as a parent.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Son "Cited" Simple Misdemanor - Drug Paraphernalia

    Quote Quoting lrf
    View Post
    We have tried for a long time to impress upon him his adulthood and what it means. As of Monday morning, he has left our house to go who knows where. I guess this is what happens when one fails as a parent.
    Or, in this case, as a son.

    You did not put the item in his pocket. You did not tell him to break the law.

    He is a big boy now. The decisions are his own.

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