Possession of hotel key, NOT controlled substance

[trisher6262]

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What is the name of your state?
Colorado

My boyfriend had to appear in court facing 2 possible charges.
1). Violation of Probation (leaving the state)
2). Possession of a Controlled Substance (found in hotel)
My boyfriend was arrested in Wyoming (35 miles from Colorado) He was charged with possessionof a controlled substance, when in fact he was in possession of a hotel key. (hotel in Colorado not Wyoming) He had NO drugs on him or in his possession, The hotel room was rented by some friends. (room not in his name) His friends gave him a key so he would have a place to crash. When hotel was searched, the police found a baggy with a residue of meth.
The courts plea bargain is as follows:
Drop the possession charge and admit guilt in violating his probation (Leaving the state). Plea taken and open sentencing is set to take place in August!
I think we made a mistake! I feel we should NOT have taken this plea. Can we withdrawal this plea bargain? If so, What kind of motion do we file? What are the negative/positive outcomes? What is The time frame we have to file this motion, if at all? Thank you for your time!

 

[CdwJava]

Okay ... then he will have to go to court and they just might prove he was in possession of the meth. And "possession" just means that he had constructive possession of it. If the other yo-yos in the room say that they were all in the deal together - or, they point the finger at your boyfriend - he's toast.

The violation of probation is a slam-dunk no brainer.

This deal allows him to walk away from the possession charge entirely and holds him accountable for a charge which he has no defense against anyway.

Sounds like a good deal to me. If he tries to withdraw the plea, he MAY be looking at more time due to the dope.

But, its his life.

Carl

 

[JETX]

Hold on a second!! Your post somehow got confusing in the persons involved.

First, you said that this person was your "boyfriend".

Then, you started babbling about "WE"!!

"I think we made a mistake!"
*** Who's 'we'??

"I feel we should NOT have taken this plea."
*** What, did YOU get the same offer??

"Can we withdrawal this plea bargain?"
*** You can do what you want.

"If so, What kind of motion do we file?"
*** YOU don't have to file any motion at all.

"What are the negative/positive outcomes?"
*** If HE withdraws his plea, presumably his probation will be revoked and his original sentence will be imposed..... PLUS he will have to face the additional charges.

"What is The time frame we have to file this motion, if at all?"
*** Again, you don't have to file any motion!!