My 18 year old son, Justin Carter, was arrested in Austin, TX, on February 14, 2013 for terroristic threat. He was arguing with someone on Facebook. The other person said my son was crazy and my son responded with a sarcastic comment, along the lines of he was as crazy as the Newtown shooter. The person called the police, who arrested my son at work about an hour later.
The local news reported that my son had made a specific threat to a school near his father's home and that he was still on the loose;though he was sitting in jail at the time of the news report. He sat in jail for a month, as his father and I could not afford to pay his 250,000 dollar bond. Finally on March 13th, the police came to question my son. Foolishly, he talked to them without his attorney present as he was assured that this whole matter could be cleared up quickly and he would be released. He admitted to writing the post and stated that he was being sarcastic. After my son told police that his actual address was in New Braunfels, TX and not in Austin, TX, he was transferred to a small jail in Comal County. The judge then raised his bond to a half a million dollars and insisted that he be placed on my son's case. His home was not searched for another week after he was questioned!
The only thing the police confiscated was my son's computer as he had no weapons, never had weapons, and no one in our family owns weapons.
His attorney has informed us that the state is intent on getting a conviction and will only be willing to settle for my son signing for 8 years in state prison.
There has been no press on my son other than the one news account of his threat. The only reason my son's statement can be construed as terrorism is because of this case: Brandenburg v. Ohio, set precedent for law enforcement to infringe freedom of speech when the speech shows potential for the law to be broken. The speech must provoke the law, and be both ?imminent and likely.?
Clearly, my son's threat was not imminent and likely, as after investigation (a month after his arrest) no weapons or bomb materials were found. My son is being denied his first amendment right to freedom of speech.
Please, if you're interested, take a look at this petition I started and sign:
https://www.change.org/petitions/the-president-of-the-united-states-and-the-attorney-generals-of-massachusetts-and-texas-change-the-investigative-criteria-forterroristic-threat-laws
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Another teenager imprisoned for a Facebook comment
My 18 year old son, Justin Carter, was arrested in Austin, TX, on February 14, 2013 for terroristic threat. He was arguing with someone on Facebook. The other person said my son was crazy and my son responded with a sarcastic comment, along the lines of he was as crazy as the Newtown shooter. The person called the police, who arrested my son at work about an hour later.
The local news reported that my son had made a specific threat to a school near his father's home and that he was still on the loose;though he was sitting in jail at the time of the news report. He sat in jail for a month, as his father and I could not afford to pay his 250,000 dollar bond. Finally on March 13th, the police came to question my son. Foolishly, he talked to them without his attorney present as he was assured that this whole matter could be cleared up quickly and he would be released. He admitted to writing the post and stated that he was being sarcastic. After my son told police that his actual address was in New Braunfels, TX and not in Austin, TX, he was transferred to a small jail in Comal County. The judge then raised his bond to a half a million dollars and insisted that he be placed on my son's case. His home was not searched for another week after he was questioned!
The only thing the police confiscated was my son's computer as he had no weapons, never had weapons, and no one in our family owns weapons.
His attorney has informed us that the state is intent on getting a conviction and will only be willing to settle for my son signing for 8 years in state prison.
There has been no press on my son other than the one news account of his threat. The only reason my son's statement can be construed as terrorism is because of this case: Brandenburg v. Ohio, set precedent for law enforcement to infringe freedom of speech when the speech shows potential for the law to be broken. The speech must provoke the law, and be both ?imminent and likely.?
Clearly, my son's threat was not imminent and likely, as after investigation (a month after his arrest) no weapons or bomb materials were found. My son is being denied his first amendment right to freedom of speech.
Please, if you're interested, take a look at this petition I started and sign:
https://www.change.org/petitions/the-president-of-the-united-states-and-the-attorney-generals-of-massachusetts-and-texas-change-the-investigative-criteria-forterroristic-threat-laws