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I received a letter from Police department today

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What is the name of your state? California

I had posted my case here a few days ago. A little back ground:

Arrested for 11379 ha because I offered to give ecstasy to a girl online(police). When I arrived at the meeting, I did not have "real" ecstasy but only some tylenol sinus and some Prescription thyroid hormone. They arrested me and charged me with 11379, which is a possession with intent to distribute narcotics.

So, they took the 2 tylenol pills and the throid hormone pills into evidence. They also took the cell phone I had as evidence.

Yesterday, I received a letter/form from the police that identified the property they had of mine. Here is how it read word for word:

1) Narcotic. 2 unknown white pills that resemble ecstasy 1.1 gram

2) Narcotic. 2 unknown white pills that resemble ecstasy and one white capsule of unknown sunstance 1.5 grams.

3) Gray Nokia cell phone serial number 44528966.



Today I received a typed letter in the mail telling me to come to the police department and pick up my property?????????


What the Heck is going on???????? Why are they giving this property back 5 days after the arrest. I have not even went to court yet????????

Can anyone tell me what is goinbg on??????
 


Some Random Guy

Senior Member
They arrested me and charged me with 11379, which is a possession with intent to distribute narcotics.
Get a lawyer. Don't go pick up your possessions without consulting a lawyer first.

Once they test the pills, they may change the charges against you to reflect that you were selling counterfeit drugs and for selling prescription drugs.
 
So they have my address already why wouldnt they just come arrest me

I mean they already arrested me and charged me with selling ecstasy. So now you think they found out it is a lessor drug and want to charge me with the lessor drug????

Remember, I wasnt trying to sell anything. I was going to give her one ecstasy but had no intention of giving her ecstasy.

Wouldnt the police just show up and arrest me?

This would be like arresting somebody for murder, then aresting them a week later for assault related to the murder??????
 
So, I get arrested again because

the drugs arent real**************that makes no sense. I told them when they arrested me that it was tylenol and thyroid hormone.
 
Is it possible the DA dropped the case

and issued that my propperty be returned.

Like I said, they mailed the letter to me to get my property and said I could call. The letter was dated 1/31.

It said I had 90 days to pick it up before it is destroyed. So you think they will wait 90 days and see if I come in so they can arrest me?

If thats their plan then thats sad.
 

CdwJava

Senior Member
Today I received a typed letter in the mail telling me to come to the police department and pick up my property?????????

What the Heck is going on???????? Why are they giving this property back 5 days after the arrest. I have not even went to court yet????????
It means they want you to come pick up your property.

If it is not evidence, why would they want to hold on to it?

So, have you talked to that attorney yet to help explain to you the different natures of 11379 and the difference between transportation and offering to transport or provide?

- Carl
 
If it isnt evidence, then why did they take it????????

Why did they take it in the first place???????


So, you are saying that my cell phone that I called them on is not evidence? You are saying the "narcotics" that was actually tylenol isnt evidence?

Yes, I hired an attourny today and he said as long as the police didnt plant evidence or test the real drugs they "stash", and if that analysis comes back they were tylenol and thyroid medication, then there was no crime.

Oh, of course police never plant evidence, do they.

Ever heard of the Rampart scandal??????? If not I suggest you look it up.

You know, I ask a question here and all you get is smartas.ss answers like "it means they want you to come and pick it up?

No crap smartas.ss. I ask what does that mean aside from the OBVIOUS.

Why take in the stuff as evidence then give it back before the arraignment. Yes, I got the letter after I talked to the attorny. Thanks for you useless response.
 
I just dont get you Carl

I got my credit cards back and my car keys back and my other cell phone back when I was released from jail.

For you to say that the cell phone and pills were not seized as evidence at the tiime of my arrest is idiotic or intellectually dishonest, you decide.

Why you want to answer in riddles and games? You think that somehow makes you smart.


Why did they keep it 3-4 days then decide to release it to me? Like I just said, it must have been evidence 6 days ago. Now it isnt?????????????
 
Why didnt you mention this possibility "Carl"?????

It is you responsibility to contact the appropriate detective area after case "ADJUDICATION(i.e. case rejection, sentenenced to county jail or stae prision, placed on parole or probation). Please be advised that if property taken into custody, which may lawfully be released, is not claimed within 90 days "after the case has been ADJUDICATED, the property is subject to disposal.

Hmmmm, so I get a letter telling me I have 90 days to get my property. Is it hitting you yet Carl????? Need me to spell it out for you????


Hmmm Carl. It seems to be saying that the property is only released after the case is adjudicated. Well Carl, wouldnt that leave only one other possibility???????

Come on Carl, you can say it. You know the policies and procedures for release of property????? Or do you?????
 
Last edited:

CavemanLawyer

Senior Member
Over the counter and prescription drugs do not need to be tested in a lab to determine their substance. There are drug manuals that any layman can use and techs on call that can identify any common pill by its color and drug number. The police possibly just seized everything because with all of the contact leading up to that meeting, there was surely sufficient probable cause for your arrest at the time.

What possibly happened is that a prosecutor looked at the prior evidence in light of the fact that the drugs turned out to be just over the counter meds, and decided to dismiss the case. That does happen all the time you know. Once the case is dismissed, everything seized from you must be returned, hence your letter.
 

>Charlotte<

Lurker
Oh God. Here we go again. This guy seems to have a complete inability to process information. He keeps asking the same questions over and over, and then when they're answered he still doesn't get it and says the answers are contradictory, when they're not--it's simply that there are two different issues at hand here.

Go ahead and answer him if you want, but you're wasting your time. You can put it in the simplest terms imaginable, and he still won't get it. Then he'll argue with you. Then when you try to explain he'll say you're contradicting yourself. Plus, he keeps asking the same question over and over and over again--why did they take it? All we can tell him is what law supports why they may have taken the drugs. We can't tell him why they took it because we weren't there and we can't read their minds. But still, he keeps asking. Why, why, why, why??

Let's face it: if Carl can't help him, nobody can.

And now in response to this he'll be off on another incomprehensible tirade.
 
First, caveman Lawyer is the only on ehere that truly

addresseed this question. In other words, he actually read my post here and addressed the true question.

Carl on the other hand, stated the obvious and missed the whole point of the post.


It didnt even occur to Carl that they may have rejected the case. Only CaveMan Lawyer gave that answer.


The piece of paper said property isnt returned until the "ADJUNCTION" of the case.

Im just curious why Carl didnt even mentionthis as a option?????????
 

seniorjudge

Senior Member
This is the third thread this joker has started on this problem and refuses to give up when he gets the correct answer.
 
CaveMan Lawyer

You said:
"Over the counter and prescription drugs do not need to be tested in a lab to determine their substance. There are drug manuals that any layman can use and techs on call that can identify any common pill by its color and drug number"

Ok, fair enough I get that. What I dont get is why they went ahead and called these "non narcotics" "narcotics" on the property Form????? Even the officers said that it didnt look like ecstasy. THATS BECAUSE IT WAS NOT!!!!!! Hello. So why did they claim it to be a narcotic when a) it was not, and b) thye admitted it was not.

I mentioned here that one of the police officers "truly" befriended me and took care of me as much as he could. (that guy truly does protect and serve and was focused on the truth more than just processing people, he is a credit and we need more good police like him)
He told me that he thought the case would be dismissed/rejected by DA. When I mentioned that here, the wise people here said he was "insincere" and just lying to me to get me to talk. I guess the policeman here doesnt understand or think that an officer can truly care about the truth and be sincere and honest. Why??????? Maybe he isnt sincere and honest himself and anyime he is nice to an arrestee, it is to screw him.

Thanks CaveMan for answering my question and giving me some hope that this nightmare may come to a better resolution. That the property return "hopefully" means that the case is rejected.
 
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