QUESTION

What will happen with a possession of meth charge?

Asked on Jun 07th, 2011 on Criminal Law - Michigan
More details to this question:
Picked a so-called friend. Who put drugs in my car and set me up. ( we have evidence that she is a paid informant and she told a source that she was going to get me) the original stop was because my back light wasn't working, but when the officer stop me to talk, he asked if I had drugs in the car. First of all the car was not mine, so anyway. I didn't have a problem when the officer wanted to search my car. Because there was nothing that I knew of in it, I was just taking someone somewhere they needed to go. After I got out of the car. They asked me and friend to sit on curb. Officer asked to search my car, no problem, minutes, later-nothing, then a k-9 in minutes the dog found meth between the seats. Searched by male cops, no field test,-was arrested-was clean in search.
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13 ANSWERS

Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Retain an experienced criminal lawyer right away. He can always file a motion to suppress based upon what you stated and seek discovery to confirm if your "friend" is a paid informant or not. You can only consent to searches of property that you own or have authority from the property owner to act in his place. This is too important and too complex to do by yourself.
Answered on Aug 31st, 2011 at 10:14 AM

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Theodore W. Robinson
This sounds like a typical "set-up" arrest by an undercover Confidential Informant, CI, who was previously busted and then had to go out and find others to set up for arrests. Nonetheless, if she didn't have to talk you into it and from what you say, she didn't have to do much talking to you, that means there is no entrapment defense available to you. I suggest you hire the best lawyer you can find locally and fight the case. There is no way to tell you the outcome without knowing much more, including the state, county and many more facts. Good luck.
Answered on Jun 27th, 2011 at 6:52 PM

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Under the facts you gave this is a trialable case. Get an attorney.
Answered on Jun 13th, 2011 at 10:55 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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In short, you should discuss the details with your attorney. What you describe could result in charges, however, there are trial issues present. The question has to do with possession. Since you were driving the vehicle, you could be deemed to know and to possess anything in the vehicle. However, there are cases to suggest that a passenger could stash something between the seats which was really theirs. So your case could be scheduled for an evidentiary hearing or for trial to resolve the issue of possession I hope that this was helpful.
Answered on Jun 09th, 2011 at 8:53 AM

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Contact an attorney. You may be eligible for a program, the completion of which may result in a dismissal of the charge(s) against you.
Answered on Jun 08th, 2011 at 5:18 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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Possession of meth is a felony so at the worst, a conviction could bring prison time. From the information given, it sounds like you may have a defense and I would suggest that you consult an attorney before doing anything.
Answered on Jun 08th, 2011 at 4:22 PM

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Your question raises many issues that need an attorney to respond to but he or she will certainly need to review the police reports first ... there are no quick answers to these complex issues. Please consult with your attorney.
Answered on Jun 08th, 2011 at 3:10 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answered on Jun 08th, 2011 at 2:46 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Sounds like there are some defenses here from what you listed. I'm guessing based on what you wrote that the other passenger in the car is not being brought up on charges? Also, depending on your past record, you may be eligible for drug programs (instead of jail time). Call me. I have successfully handled Meth possession cases. Regardless, you should definitely discuss this case in further detail with an attorney. Find a criminal defense attorney in your area who is familiar with the courts. I practice in L.A. County, Ventura, San Bernardino County, and Orange county and would be happy to give you a free initial consultation.
Answered on Jun 08th, 2011 at 2:40 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Hire an attorney and go to battle.
Answered on Jun 08th, 2011 at 2:37 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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You're asking the bottom line question of what will happen, but you've got two very different paths possible. First, you can fight, trying to prove that you had no knowledge of the drugs and therefore were not in possession of them. Or - You try to get out of this as cleanly as possible with a drug program such as PC 1000 or Prop 36 if you're eligible. This is something for you and your attorney to discuss in detail and you can then decide what your best options are.
Answered on Jun 08th, 2011 at 2:36 PM

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Car Accidents Attorney serving Salem, OR at Howard W. Collins
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Assume Oregon law: You need to contest this if you have proof of the informant. Hire a lawyer now. Get an investigator on it too.
Answered on Jun 08th, 2011 at 2:08 PM

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Michael J. Breczinski
You are going to need an attorney in order to fight this matter. Names of people that heard her threaten you etc.
Answered on Jun 08th, 2011 at 11:26 AM

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