Legal Question in Criminal Law in California

Does ''No'' mean ''No?''

My son (a minor) had in the past been in misdmeanor trouble, he learned his lesson. The police had an informant (plea bargin) harrass my son for entrapment in a sting (drug bust). The informant called my son several times asking for my son to get him an ecstasy pill (2). My son repeatedly said ''no.'' I was there, it was my nieces b'day party, we had family, ice cream, pizza... I didn't know exactly what was being said other than my son kept saying ''no.'' Later (in court) it was revealed that my son had said numerous times (because it was recorded) that he didn't want to be involved anymore, he wanted to start a new life, he didn't want to be involved in drugs anymore. He gave into the ''pressure'' to help out this so called friend (turned informant). My son didn't buy or sell, he was there as the ''go between.'' I do not condone his actions, but if the LAW hadn't used harrassment, entrapment, and plea bargaining to ''enforce the law'' he would never have been in this position. How many ''no's'' does it take for the law to leave a minor alone? Is there any penal code concerning a minor in this position?


Asked on 7/09/09, 11:44 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Does ''No'' mean ''No?''

Your son may have a viable entrapment defense, depending upon exactly what happened and how much control police had over the informant's actions. He should raise this issue with his lawyer ASAP.

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Answered on 7/09/09, 11:56 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Does ''No'' mean ''No?''

Based on the facts you set forth, it sounds like your son may have the legal defense of "entrapment" available to him. You need to discuss the case with an attorney in your area who is qualified to handle such a case and is familiar with juvenile law. As a former Deputy D.A. I have handled 100's of juvenile matters and may be able to help. But whatever you do, get a good lawyer. I wish you and your son well. David Wallin at www.wallinlaw.com

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Answered on 7/10/09, 12:02 am


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