case thrown out on a invalid warrant NEED HELP ASAP

[Incognito11]

Florida
Lets begin well on this one day their was a call to a residence that need EMS due to a drug overdose upon arrival the cops found drugs in plain view so they call their drug task force their and they searched their place while they were in the hospital well they found enough to charge somebody with a maximum sentence of 11yrs but nobody was arrested upon release of the hospital it was 8months later they issues a warrant out for their arrest and they found on them drugs upon executing their warrant well statute says can't arrest someone on drug charges if they are responding to a medical emergency so the first case got thrown out but their is now a second case due to the invalid warrant that should have never been executed in the first place ???MY QUESTION IS THEIR ANY WAY TO TELL THE JUDGE SOMETHTHING TO HAVE THEIR CASE THROWN OUT COMPLETLEY DUE TO IF THEY NEVER CHARGED THEM WITH THE FIRST CASE THEIR WOULDNT BE A WARRANT IN THE FIRST PLACE. I DO understand that it was signed by a judge and i do understand that I can go into this with a motion to suppress but we are not trying to bring it to trial we are trying to end it period some way some how. NEED ADVISE ASAP DUE TO COURT IN AM THANKS FOR THE READ

 

[Mt_Vernon]

I think what you're trying to argue is that the warrant in the second case is "fruit from a poisonous tree" and is therefore invalid.

But I have a question for you. You're going to court tomorrow, and you don't have an attorney who knows the proper legal argument for your case? Do you have a bad attorney? Do you have an attorney at all?

 

[FlyingRon]

Florida
Lets begin well on this one day their was a call to a residence that need EMS due to a drug overdose upon arrival the cops found drugs in plain view so they call their drug task force their and they searched their place while they were in the hospital well they found enough to charge somebody with a maximum sentence of 11yrs but nobody was arrested upon release of the hospital it was 8months later they issues a warrant out for their arrest and they found on them drugs upon executing their warrant well statute says can't arrest someone on drug charges if they are responding to a medical emergency so the first case got thrown out but their is now a second case due to the invalid warrant that should have never been executed in the first place ???MY QUESTION IS THEIR ANY WAY TO TELL THE JUDGE SOMETHTHING TO HAVE THEIR CASE THROWN OUT COMPLETLEY DUE TO IF THEY NEVER CHARGED THEM WITH THE FIRST CASE THEIR WOULDNT BE A WARRANT IN THE FIRST PLACE. I DO understand that it was signed by a judge and i do understand that I can go into this with a motion to suppress but we are not trying to bring it to trial we are trying to end it period some way some how. NEED ADVISE ASAP DUE TO COURT IN AM THANKS FOR THE READ

You won't be able to tell the judge anything if you can't speak in sentences. Whoever is charged needs an attorney.

Only charges for simple possession are excused under the statute. Eleven years sounds like there may have been some distribution going on which you don't get safe harbor for.

I can't even follow your line of reasoning on the warrants. There's no causality in warrants for precursors that must be followed. The state is free to dismiss proceedings and still bring charges later provided it's still in the statute of limitations.

 

[Incognito11]

I think what you're trying to argue is that the warrant in the second case is "fruit from a poisonous tree" and is therefore invalid.

But I have a question for you. You're going to court tomorrow, and you don't have an attorney who knows the proper legal argument for your case? Do you have a bad attorney? Do you have an attorney at all?

I do but she has got me off on the first charge but not the second but I am going to mention that to her I appreciate any and all advice basically she said if I was to go to trial and motion of suppress the da would take their off off but that gives me a possibility to do a yrs minimum in county up to 2yrs in county

 

[Incognito11]

You won't be able to tell the judge anything if you can't speak in sentences. Whoever is charged needs an attorney.

Only charges for simple possession are excused under the statute. Eleven years sounds like there may have been some distribution going on which you don't get safe harbor for.

I can't even follow your line of reasoning on the warrants. There's no causality in warrants for precursors that must be followed. The state is free to dismiss proceedings and still bring charges later provided it's still in the statute of limitations.

Yes they have said and claimed that I was manufacturing distributing cocaine in which their field test came back positive when I no that was a complete lie and then they had it tested at there send off lab and nope no cocaine came back positive so someone wasn't telling the truth
The reason for the warrant that came 8months later was because of the crap they found at my house in which it got dropped because of the statute I was just trying to figure out how if at all possible like a 80/20% to beat that going to trial or is there something that I can mention for my pd to say that will dismiss all charges

 

[Incognito11]

I think what you're trying to argue is that the warrant in the second case is "fruit from a poisonous tree" and is therefore invalid.

But I have a question for you. You're going to court tomorrow, and you don't have an attorney who knows the proper legal argument for your case? Do you have a bad attorney? Do you have an attorney at all?

Wht do you think the chances of fruit from a poisonous tree will get me on the warrant that I know was signed by a judge like an 80-90% victory

 

[Incognito11]

You won't be able to tell the judge anything if you can't speak in sentences. Whoever is charged needs an attorney.

Only charges for simple possession are excused under the statute. Eleven years sounds like there may have been some distribution going on which you don't get safe harbor for.

I can't even follow your line of reasoning on the warrants. There's no causality in warrants for precursors that must be followed. The state is free to dismiss proceedings and still bring charges later provided it's still in the statute of limitations.

And everything that they found at the house is safe harbor except for paraphernalia if they want to bring that up because they dismissed everything on the first case I neither sold to anyone nor did I care to

 

[FlyingRon]

Wht do you think the chances of fruit from a poisonous tree will get me on the warrant that I know was signed by a judge like an 80-90% victory

There's no POISONESS TREE here (unless I'm missing something). The Florida statute sasys a good samaritan who calls EMS or the overdosing person himseslf can't be charged for possession based on evidence obtained in the course of treatment.
However, the statute specifically states that this doesn't precude that evidence being used to support other criminal charges. That appears to be what happened here. Your manufacturing operation evidence isn't "poisoned" just because it was discovered when the paramedics came to take away on of your victims.

 

[quincy]

Here is a link to Florida's Chapter 893, Section 21, 893.21 Drug-related overdoses; medical assistance; immunity from prosecution: http://www.flsenate.gov/Laws/Statutes/2012/893.21

Twenty states and D.C. now have laws like Florida's 893.21. They work to erase the fear of arrest people might otherwise have in reporting a drug overdose. These are laws that save lives and all states should enact similar ones.

 

[FlyingRon]

And the last line of that section:

(3) Protection in this section from prosecution for possession offenses under this chapter may not be grounds for suppression of evidence in other criminal prosecutions.

 

[Incognito11]

thanks guys

For your advice much appreciated