I was told today in Wyoming co. WV police are not allowed to do a controlled buy in a home where children are present. If so, when did it go into effect?
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I was told today in Wyoming co. WV police are not allowed to do a controlled buy in a home where children are present. If so, when did it go into effect?
There were 5 wired buys (controlled buy) with a camera on my wife in her home. A child was upstairs in bed. There were 3 marajuana and two hydocodone (loratabs). It’s a 1st offense & although she turned herself in bond is 100k. It’s been the same for 2 months and no bond reduction. They want her to do wired buys on her family the same way she was done by family. Her lawyer is no help he keeps telling her she’s gonna eat felons if she don’t do the buys. I get the feeling he’s helping railroad her. I know thru other lawyers she’s eligible for bond reduction 10 days after arrested. He says this isn’t true. I’m her husband and trying to get her help. The buys were 2-13-08.
Asked on June 6, 2009 under Criminal Law, West Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I am sorry this happened but think about if you really want her around your minor children doing what she has been doing. Is she a user, too?
What she did is quite serious. So is wiretapping. I don't see any restrictions concerning minors. See below. Is this lawyer a public defender or private counsel. Try getting a new public defender or try www.attorneypages.com and check his or her record at the West Virginia State Bar.
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=62&art=1F#01F
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=62&art=1D#01D
If there is case law regarding this issue, your best bet is to find a better lawyer. Again, try a new public defender if her current lawyer is one or try hiring private criminal defense counsel.
Hope this helps.
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