Canon City, CO Criminal Defense Law Firms & Lawyers

It is a drug offence for your son and will have serious ramifications for him - he needs an attorney. If you knew he was taking your drug and did not stop it you are probably not criminally liable unless you have been allowing it to happen, but could be charged with child abuse or neglect and potentially have him removed from your home and custody. Speak to no one, including internet posts, until you both confer with attorneys.

Officers are not required to provide a Miranda warning if they are simply conducting an investigation or if the contact was consensual. In order for your Miranda rights to have been violated, two things must occur; first, you must have been in custody and second, the questions must have elicited incriminating information. Generally, in the situation that you described it is likely that a court would find that you were not in custody at the time. If you are being represented by counsel, he/she should be able to determine if your rights were violated and if so what are potential remedies. Good luck!

From your description it sounds like you would not be charged with simple possession. Typically, if the search was illegal, you can still be arrested and charged with a crime, you must then assert that your rights were violated and ask the judge to disallow the search. In the fact pattern that you described, it may or may not have been a legal search. These cases are very fact specific and one small detail can make the search valid or invalid. For example, if the cop had a reasonable belief that you had the warrant; but he was wrong may make the search legal. Or if the cop conducted the search prior to verifying your identity, could make the search illegal.