QUESTION
What happens if I am caught with possession of drugs?
Asked on Aug 29th, 2011 on Criminal Law - California
More details to this question:
I got caught growing pot in my yard today. I haven't been arrested as of yet. They did search my house with my approval and took all my hunting guns, they are telling me that if I can rat out someone then maybe the felony charge will be dropped to a lesser charge? Problem is I don't know anybody, I was growing for my own personal use as I've done in the past. What do I do? What can I expect? I don't have money and will have to get a public defender when the time comes. Any help would be appreciated Thanks.
18 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You should immediately assert your right to an attorney and not have any further contact with the police without an attorney present.
Answered on Aug 31st, 2011 at 7:21 PM
3 Awards
Either find the money or get a public defender. Cops often play the game or ratting on others, but it rarely works out good for the rat. Cops lie to people and do not always follow through on the deal.
Answered on Aug 31st, 2011 at 6:58 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Discuss this with your attorney. You can then formulate a strategy to best handle this matter. I hope that this was helpful.
Answered on Aug 31st, 2011 at 6:30 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sounds very serious if the police are talking felony. What kind of things did they take from your home? Scales?... large sums of cash? These kinds of thinds would lead the police to believe that you may have been selling. If so this could enhance the charges against you. You really need to meet with an attorney, who could possibly be proactive and maybe do something about getting the charges reduced or dealt. Consult with an attorney.
Answered on Aug 31st, 2011 at 6:09 PM
If you can't rat on anyone, they will charge you. If the amount of plants was small, you will likely not get anything more than probation. Even if you didn't have a medical marijuana license, if you can show it was for a medical marijuana purpose, you may have a defense to the charge.
Answered on Aug 31st, 2011 at 5:41 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You will get charges with possession of drugs.
Answered on Aug 31st, 2011 at 1:37 PM
Jacob P. Sartz
What you say can and will be used against you if the case proceeds. I'd say the odds are good that you will eventually face charges. However, you are and will be presumed innocent until proven guilty and the prosecutor would need to prove your guilt beyond a reasonable doubt. You have your full rights, including your right to council. Speaking generally, while the police may offer opportunities to cooperate, their offers don't carry much weight unless it has the backing of a prosecuting attorney. Further, "proffers," i.e., some type of cooperation in exchange for something, is the type of issue which could be negotiated later on after formal charges had been filed as part of some type of plea bargain. Electing to "proffer" may add some substantial risks, so make sure you consult privately with an attorney if you wish to do so in any sort of case. I'd recommend you at least make some inquires into hiring an attorney. Further, don't forget your Miranda rights if they ultimately arrest, detain, and attempt to interrogate you. You have a right to council at those hearings, regardless of your economic circumstances.
Answered on Aug 31st, 2011 at 1:19 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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Do not post additional facts anywhere. Ask this website if you can retract the posting you made. You need to make no statements to anyone before speaking to a criminal defense attorney. You cannot afford not to have a good attorney. There are several factors that would go in to what the sentence might possibly be, but I do not want you posting any further facts here. The Fifth Amendment affords you the right to remain silent. Use it.
Answered on Aug 31st, 2011 at 12:55 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You need to retain counsel NOW because you are going to be arrested and it is better to be represented by counsel during the arrest process.
Answered on Aug 31st, 2011 at 12:47 PM
Roianne Houlton Conner
This is a very serious charge of manufacturing drugs. I would suggest that you hire an attorney to help you with this issue.
Answered on Aug 31st, 2011 at 12:11 PM
Michael J. Breczinski
Well growing without having a Medical Marijuana Card in Michigan is a felony and they could also try to charge you with Felony Firearm since you possessed firearms at the time you were committing a felony. Just growing those carries 4 years in prison and possessing firearms during the commission of a felony carries a MANDATORY TWO YEARS INPRISON that has to be served BEFORE you serve time on any other crimes. You need a good attorney.
Answered on Aug 31st, 2011 at 11:44 AM
Despite what the police tell you, the decision on whether to charge you and what to charge you with is entirely that of the prosecuting attorney. An attorney would be helpful in this matter.
Answered on Aug 31st, 2011 at 10:55 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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Talk to the public defender. Oftentimes the police pull this type of extortion. You may still be cut a break by the prosecutor. These types of cases are often reduced to a misdemeanor or something short of a felony conviction.
Answered on Aug 31st, 2011 at 9:21 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The best advice is do not speak to the police any more. You can see how well your cooperation has helped you so far (by letting them in to search you are now facing charges). Get a lawyer! If you have to wait until you are charged, the court will appoint one for you once you are charged. However, I would strongly urge you to try to scrape up the funds to hire good private attorney.
Answered on Aug 31st, 2011 at 8:50 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Why did they take your guns? They can only take stuff that is illegal or contraband. Sometimes they will try to pit one against the other or encourage you to rat out the bigger fish in exchange for lighter treatment. Make sure you don't agree to anything that isn't in writing or without consulting with an attorney first. You can get a public defender if you are charged with a felony and you meet the financial criteria.
Answered on Aug 31st, 2011 at 8:41 AM
Nothing you can do. You were completely a fool to have consented to the search.
Answered on Aug 31st, 2011 at 8:18 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you do decide to "rat out" someone, you need to have a lawyer represent you. Cops cannot legally enter into agreements regarding the filing of charges (although they will lead you to believe this.) How did they get into your yard? You may have a search question. If you own a house or other property (a car, etc.) you will probably NOT qualify for a court appointed lawyer. I suggest you start contacting lawyers to see what you can and cannot afford.
Answered on Aug 31st, 2011 at 8:10 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Get the public defender. It will depend on how much pot they found. If you had under 8 oz AND a medical recommendation you are fine. If you don't have a med recommendation then it will depend on how much they found. If you want further info let me have an answer to this issue.
Answered on Aug 31st, 2011 at 8:02 AM