AboutJack Toomey Expertise Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer.
Retired police officer with 26 years experience. Worked in the patrol
division as well as over 14 years in the detective bureau. Investigated a
wide range of crime such as murder, rape, robbery, theft, fraud, missing
persons, and other very sensitive crimes. I am available to answer your
questions about criminal law and especially as it applies to police work. I
taught at the police academy for several years and am especially
knowledgeable about search and seizure. Any question about criminal law is
welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials Bachelor of Science degree in Criminolgy from the University of Maryland.
Expert: Jack Toomey Date: 6/29/2008 Subject: Stupid teen son on senior trip to beach
Question QUESTION: My 18 year old son and 10 friends were vacationing at the popular beach town in Maryland. The last night there, their house was burglarized and items such as ipod, movies speakers were stolen. They called the police to report the theft. While investigating the police searched all the kids bags(suspecting one of them had stolen the merchandise from their friends --which was later proven to not be the case). My son (I won't comment of his lack of common sense here) had acquired a "grinder" and had it in his bag and when asked, admitted it was his. One of his friends had a glass pipe and a small bag of marijuana and admitted it was his and having smoked out of it. They were both arrested and later released after seeing a Commissioner and a hearing date is set for October. When they were handed the paperwork they noticed the charges for each of the boys got screwed up and my son was charged with the possession of THC and paraphernalia while the other kid got just the paraphernalia charge hat should have been my son's. They were both honest and tried to point out the errors to both the police officer and the commissioner. They were told there was nothing they could do and just take it up at their hearing. I am the mother of three teens and my theory is love em but don't trust em -- they are all liars and need to learn from their mistakes-- but in this case I believe my son and his friend and am trying to figure out whether to try to get the charges on paper corrected and then make them tackle the consequences or to let this play out have them tell their story at the hearing hoping they might get dismissed because they are wrong. I may or may not have him hire an attorney.. this would be a first time offense and I'm hoping he can get a first time offenders program without paying for an attorney but don't know how that works in Maryland yet. He needs to avoid a drug conviction because he is going on to college and needs the financial aid. We live in PA.
ANSWER: Dorothy,
For once I can comment on a case that falls within a state that I am familiar with. Normally I get questions about cases in Kansas or Oregon or places that I have never been or am not familiar with. I happen to live and work in Maryland so I know how the court system works.
Let me guess that this happened in Ocean City? The police there have a no tolerence policy for both alcohol and drugs and there is no such thing as trying to talk your way out of a situation. In fact the police tour the state during the winter and spring and even send videos to the schools to forewarn students that if they come to the beach to leave the beer and drugs at home.
I am not entirely sure about the Worcester County States Attorney's Office and how they handle simple possession cases but it could be that they divert first time offenders to awareness programs. Most likely a screener in the states attorneys office will contact your son by mail or by phone and inquire whether he is represented by an attorney. Possibly they would offer him a diverson program in lieu of a trial in Snow Hill but that is just speculation.
Your son says that the items were not his but he is charged with possesion of them. If he continues to deny that the items were his then there will either be a trial or he will be given the opportunity to plead guilty. You have used the term "hearing". I don't think that there will be any hearing at all unless it is a hearing to inquire whether he has an attorney. I would caution you to NOT plead guilty without the advice of an attorney because a conviction will give him a criminal record for the rest of his life.
If this is all not clear to you please feel free to follow-up. But I cannot give you legal advice.
---------- FOLLOW-UP ----------
QUESTION: Thanks and you got the town right and there is a Trial date not a hearing as you noted. My son admitted to possessing the grinder (which is being referred to as the paraphernalia) but he did not possess the marijuana-- that was the other guys' who even admitted to it. Based on your knowledge of the police department and court system, do you think there is any value in us trying to get the charges corrected either via the police department or the state attorney's office or should we just wait to see if we hear from them.
Answer Dorothy,
You cannot get the charges "corrected". The only way that charges are changed or dropped is through the intevention of an attorney who engages the states attorney in discussions about a plea bargain. You, as a private citizen, cannot do anything about the charges in fact I would doubt that the police or the states attorney would talk to you except in a general way or by explaining the law.
