By law, if a person is accused of a crime, the innocence or guilt of that person should be determined based solely on the facts of the particular incident in question, not on any prior convictions the individual may have. Every case has to be tried singly, and every Lake Charles resident faced with criminal charges is presumed to be innocent until proven otherwise. Accused individuals have certain protections under the law, not the least of which is the right to remain silent. These facts and more may be running through the mind of a 35-year-old Louisiana man, who is accused of violating his parole by possessing marijuana.
According to reports, Louisiana probation and parole officers entered the man’s home to check his residence–a routine procedure for individuals who are on parole. While there, the police asked the man if he would test positive for drug consumption. Police claim the man affirmed that he would test positive.
They then searched the man’s house and allegedly found on his nightstand whey they claim was a marijuana pipe and a bag of marijuana. As a result, the man was arrested for violating his probation. His bond was set as $1,250, which would suggest that he was charged with possessing a relatively small amount of marijuana.
This incident brings up some important facts to keep in mind if you are facing drug charges. First, police must have probable cause to conduct a search and seizure. That is why it so important for individuals to know that they have a right to remain silent, as what they say may be used against them in court. Second, if a search and seizure is conducted improperly, there is a chance the charges will be reduced or even dismissed. Sometimes miscommunication occurs between police and an accused individual, and if police do not have just cause to conduct a search and seizure, a court may disallow whatever information was gathered from the search.
Source: thenewsstar.com, “Man charged with parole violation,” Nov. 18, 2011