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Advice needed on a criminal matter

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Comments

  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    When you attend the police station request the duty solicitor and wait until s/he arrives before talking with the police about anything. Don't talk to them, don't answer any questions, don't agree to him being arrested, don't accept a reprimand - whatever they do simply repeat the request for the duty solicitor and wait.
    Eat food. Not too much. Mostly plants - Michael Pollan
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  • Mupette
    Mupette Posts: 4,599 Forumite
    A friend on this site has asked me to post the following ...


    " Hello, you probably know me as I've got a few thousand posts on this forum, but I prefer to remain anonymous...

    The week before last we went out for the day leaving DS (16) at home. He said he was going into town. When we got back he was distraught. But wouldn't tell us why. He's a studious boy - doing three science A levels.

    The next day we got a call from the sixth form college - he had been out at the front of the college when some man (aged 20ish) had come up to him demanding money. This was witnessed by the security guard and they called the police - the man ran away, mostly because DS started bawling loudly.

    OH went to the police station with DS and they took a statement. DS told them about that Sunday (the first we'd heard about this). He said that as he was walking through town two men walked up tom him and started walking along side him. They stayed with him walking around town and then made him go to the bus station. When there they told him they'd throw him down the steps if he didn't get them some drugs. DS called a school friend who sent a man round in a car and DS took some packets from the car and gave them to the men. The men also demanded money from him and took £10. The men then went away and DS sat there for a while not knowing what to do (we were miles away visiting MIL).

    This is DS's story as he reported it to the police and I believe him completely as he's never told a lie in his life. The local police said it was robbery and so this was passed to the CID.

    A week passed as the police checked the CCTV footage. The CID came round on Friday and told us to bring DS to the police station on Tuesday where he is to be arrested and charged with drug dealing. They said that the CCTV footage is exactly as DS described but without a soundtrack it simply shows DS getting drugs for some men. The men are well known to the police but will not face any charges.

    They said that if DS admits the offence he will receive a police Reprimand. If it doesn't it will go to court - and there's no evidence for his side of the story, only that it was DS who brought it to their attention in the first place.

    I don't know what to do. It seems easiest to get him to lie and own up to this even though he didn't do it. But then what if something else happens? He'd already have this on his file. Also it seems this will stay on his file for the whole of his life and will be searchable in any future CRB checks.

    I don't know who to ask for advice about what to do. We've only got till Tuesday morning anyway. Is there anyone on here who might know what to do? It all seems so unfair."


    The worry is the son knew someone to call to get drugs?
    It's not looking good for him.

    A solicitor as others have said will be needed.
    GNU
    Terry Pratchett
    ((((Ripples))))
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    The truth of the matter is that the Police do not care about the truth. They only care about
    • Their statistics for convictions
    • Their reputation with the public
    So you cannot consider them to be honest or reputable in this situation

    A possible avenue is to consider whether DS's statement can be admissible, as it was taken without an appropraite adult being present?

    Really, get a criminal lawyer on this and be prepared to spend several thousand pounds. This is a consequence of Nu Labour's database state and the fact that no one can walk away from an indiscretion such as this for the rest of their lives. The Police have been given excessive powers over people's futures. Sorry to bring such an adverse opinion.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Raggs_2
    Raggs_2 Posts: 760 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    When I thought that it was the DS that first took it to the police, I thought probably innocent. However, it was the security guard that first contacted the police right? So now I'm a little more unsure.

    It could be he has ended up getting tangled into something he didn't want to be. But, if he knew which friend to call in order to have a friend send some drugs, that is suspicious in itself, why did he take it from the car, not them? Unless he was known by the guy in the car. Is the tenner seen to exchange hands on the video?

    What was the man at the college after? Payment for the drugs? Or after more?

    And as for never told a lie? My parents would have said the same about me at the time, and whilst I was definitely a good boy, all it really meant was that I am a very good liar. Best lies are told using as much of the truth as possible (easier to remember).
  • Hardup_Hester
    Hardup_Hester Posts: 4,800 Forumite
    I work in a secondary school, if I had a £ for every parent who insisted their child didn't tell lies I'd be rich, we've had parents refusing to accept that their child is lying even when faced with CCTV evidence. The parents claim we have 'altered' the CCTV pics!.
    We had a child who made abusive phone calls without the intelligence to withhold their number, the parents claim the school bribed BT to manufacture evidence against their child.
    Sorry folks, but kids lie, most of them lie very convincingly, but they definitely lie & the sooner most parent realise this & accept it the better chance they have of keeping their kids on the straight & narrow.

    Never let success go to your head, never let failure go to your heart.
  • sporedude
    sporedude Posts: 1,563 Forumite
    Yep I agree, Lies do happen. Your gonna need someone like Johnny Cochran to get him out of this.
  • MyRubyRed
    MyRubyRed Posts: 941 Forumite
    Agree solicitor is needed. The son appears to have known exactly who to contact to obtain the drugs.
  • Sarah-Jane_2
    Sarah-Jane_2 Posts: 10,495 Forumite
    I don't understand why everyone assumes because the son knew who to call that he's automatically guilty and has been lying to his mum??

    I'd know who I could call in the same situation and I don't take drugs or deal drugs. Knowing who to call doesn't necessarily mean anything more than he knows somebody who takes drugs or knows somebody who has a friend/sibling who takes drugs.
    :naughty:
  • DigitalJedi
    DigitalJedi Posts: 951 Forumite
    A friend on this site has asked me to post the following ...


    " Hello, you probably know me as I've got a few thousand posts on this forum, but I prefer to remain anonymous...

    The week before last we went out for the day leaving DS (16) at home. He said he was going into town. When we got back he was distraught. But wouldn't tell us why. He's a studious boy - doing three science A levels.

    The next day we got a call from the sixth form college - he had been out at the front of the college when some man (aged 20ish) had come up to him demanding money. This was witnessed by the security guard and they called the police - the man ran away, mostly because DS started bawling loudly.

    OH went to the police station with DS and they took a statement. DS told them about that Sunday (the first we'd heard about this). He said that as he was walking through town two men walked up tom him and started walking along side him. They stayed with him walking around town and then made him go to the bus station. There should be CCTV of this. Most towns & bus stations will have CCTV coverage. When there they told him they'd throw him down the steps if he didn't get them some drugs. DS called a school friend who sent a man round in a car and DS took some packets from the car and gave them to the men. Who is this friend and can he back up your DS's version of events? This bit sounds completely implausible. Why did the friend not just call the police to help DS rather than a "mate" who happened to have drugs. The men also demanded money from him and took £10. What does CCTV show? If what DS says is true then DS handed over some packets and no money should have exchanged hands. If anything DS should be giving money to them which would support his version of events. The men then went away and DS sat there for a while not knowing what to do (we were miles away visiting MIL). So after all this, he did not call the police, yourselves or go home with his friend but instead sat there for a bit?

    This is DS's story as he reported it to the police and I believe him completely as he's never told a lie in his life. The local police said it was robbery and so this was passed to the CID.

    A week passed as the police checked the CCTV footage. The CID came round on Friday and told us to bring DS to the police station on Tuesday where he is to be arrested and charged with drug dealing. They said that the CCTV footage is exactly as DS described but without a soundtrack it simply shows DS getting drugs for some men. The men are well known to the police but will not face any charges.

    They said that if DS admits the offence he will receive a police Reprimand. If it doesn't it will go to court - and there's no evidence for his side of the story, only that it was DS who brought it to their attention in the first place. The police also cannot prove what was in the packets except by DS's own admission I guess.

    I don't know what to do. It seems easiest to get him to lie and own up to this even though he didn't do it. But then what if something else happens? He'd already have this on his file. Also it seems this will stay on his file for the whole of his life and will be searchable in any future CRB checks. You need a criminal law solicitor, a duty solicitor can be provided when you go.

    I don't know who to ask for advice about what to do. We've only got till Tuesday morning anyway. Is there anyone on here who might know what to do? It all seems so unfair."

    Something about this story just doesn't quite seem right. I'd be amazed if a 16yr old has never told a lie. I fear he's not telling you the whole truth.
  • mountainofdebt
    mountainofdebt Posts: 7,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I agree - obtaining the advice of a solicitor would be the best approach and to be honest I'd be taking one with me on Tuesday as well.

    tbh I think the family needs to sit down and have a frank and honest talk with the boy - I'm wondering has he got involved in something in the past and whilst he thought he could handle it, it has escalated to a point where he can't?

    As far as his future is concerned I think a CRB check is the least of his problems - for example Junior wants to join the RN and he knows that any sort of involvement with the police would threaten that.
    2014 Target;
    To overpay CC by £1,000.
    Overpayment to date : £310

    2nd Purse Challenge:
    £15.88 saved to date
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