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First time charges ever.

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tattooedmama71

Junior Member
What is the name of your state (only U.S. law)? Indiana.

Two weeks ago, the town police showed up at my door , saying (not showing) that they had a warrant for the arrest of both me and my domestic partner, for dealing Marijuana. We were both arrested and taken to Marshall county Jail.
The charges on our warrants ended up reading differently than the charges on our actual court papers. We were both charged, on our court papers (word for word identically) with : Count 1 : Class D Felony of Dealing Marijuana, Count 2 : Class D Felony of Possession, and Count 3: Class D Felony of Maintaining a Common Nuisance.
We met with our court appointed lawyer... he said that we were set up (which we already knew) and that My partner was not even present when the "supposed transaction" even took place...she was at work, And is only being charged because they "assume she had knowledge".
Our C.A.Lawyer said the Pros.Attorney will drop the possession and common nuisance charge as long as we agree to plead guilty to the Class D Felony of Dealing (this is their first offer). The amount on our papers says that the Marijuana was in the amount of 71.4 grams. They want us to do 30 Days in a woman's prison (do 15 ...because Indiana has the day for a day thing) 1 yr of probation and classes and fines and fees.
I have NO criminal record AT ALL... and my partner only has a disorderly conduct misdemeanor charge from over 14 yrs ago.
Shouldn't we be able to get her charges dropped completely, since she wasn't even there when this transaction supposedly happened. And shouldn't I be able to get mine pleaded down to a a Class A misdemeanor since I have absolutely NO priors at all? I am willing to do the 1 yr probation, and even the classes, and would even do community service if that were an option. But so far they haven't even produced the motion of discovery (the evidence against us). And this all supposedly happened in the first week of March of 2009, yet no warrant was even written up or issued until June 24th of 2009.
And if it was "a controlled buy", by a CI or Undercover, then how come my house was never searched, we were never searched, and no one ever came in to retrieve "their money".
Any help at all would be appreciated. I am sorry this is so long, but I have never been in trouble a day in my life, and can't believe this is all happening.What is the name of your state (only U.S. law)? Indiana.
 


ERAUPIKE

Senior Member
The police are not required to show you the warrant. You are looking at serious charges that will likely result in jail time. Get a better attorney.
 

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