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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption