PUBLIC LAW Case Study Example | Topics and Well Written Essays - 2000 words

PUBLIC LAW - Case Study Example So Rob had no chance of getting a lawyer on Sunday when the courts were also closed. Even if the courts were closed on Sunday, Rob had the option of getting a lawyer on Sunday as there are lawyers who are accessible 24/7. Thus, the issue is volatile not only for Rob but also the Officer Clegg. By denying Rob his right to approach a lawyer on the same night and by coercing him into accompanying him to the police station to get back the keys Clegg had confiscated from Rob, the Officer had put his own position on par with Rob. Further, Clegg continued to keep Rob in detention the whole of Saturday night after assuring Rob that he would be released in a matter of few hours and then extending the detention up to Monday when the courts opened. Rob was charged with possession of controlled drug on Saturday night at 10.30 pm and kept in custody until Monday so that the police could take him to the court. Police officer Clegg told Rob that he did not trust Rob, and consequently he kept Rob in custody until the court decided what to do with Rob. However, the manner in which Officer Clegg took Rob into custody is debatable. At first he confiscated Rob's key ring saying it was dangerous because of its sharpened edges. At the police station, Clegg took Rob to the front desk and put him straight in a cell saying he was just going to fill in some paperwork and be back shortly. When Rob again asked for a solicitor, Clegg told him that he would not need a solicitor since that would mean waiting all night. However, early next morning at 6.00 am, Clegg tells Rob that he was being charged with possession of a controlled drug that would require him to appear before the Magistrate on Monday morning. Basically, Officer Clegg had good reason to take Rob into custody. However, the manner in which it was done raises eyebrows. Rob has been nervous. He should not have confessed to the officer that the cannabis found on the road was his. He should have stuck to his rights to consult his lawyer before saying anything and kept his mouth shut. By confessing the cannabis as his, he has given the police a bigger reason to arrest him and put him on trial (Dirga, Eric J, 2002). In the circumstances, Rob has weakened his own defense. There is no mention of the amount of cannabis he was carrying. If he has been carrying a higher amount of cannabis that is above 28 grams, he could be prosecuted on charges of trafficking drugs. "the penalties for drug crimes range from very severe to probation and classes or a treatment program. Charges are generally based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale)" (Robert Miller & Associates, 2010). Apparently, Rob is a known offender and Officer Clegg is obviously under the impression Rob does not deserve to be dealt with