Riverside, CA asked in Family Law and Juvenile Law for California

Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?

His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Clearly, it is wrong to falsely accused him of doing drugs just to send him to juevenile detention. There is no doubt he will be (or already has been tested) for drugs.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, as in many places, falsely accusing someone of criminal activity, such as drug use or gang involvement, is a serious matter, especially when it leads to juvenile detention. If your boyfriend's mother made these accusations without any basis in fact, it could be considered defamation, and possibly even malicious prosecution if it led to legal action against him.

For your boyfriend, one immediate course of action is to undergo a drug test. If it comes out negative, this could be used as evidence to support his claim of innocence. He should also gather any other evidence that supports his side of the story.

It is important for him to speak with a legal professional who can guide him through the complexities of this situation. A lawyer can help assess his options for responding to these false accusations, including potentially taking legal action against his mother for making such claims.

Remember, everyone's situation is unique, and the law often depends on specific circumstances. It's crucial for your boyfriend to get personalized legal advice tailored to his situation.

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