E
Emerald
Guest
A friend of mine is going through a bad divorce and custody battle.The day she received papers that showed her husband forged her name on a sale agreement of a house they bought while married. Her son called from the babysitters house to come and get him and his brother so she did that with permission from her husband. While she was gone to pick them up her husband called the police in the town that he lived in. He called her mom from his cell phone and that he was at her apt and asked where she was with the kids. After she arrived home she was on the phone to the county att. office and her husband was trying to break in her front door to take the kids. (he left her apt after talking to her mom). While on the phone with the secretary she heard the disturbance and called the police. They came and talked with her and children they left and one officer came back half hour later and said that he had info about her husband forging her name that her husband admitted to him that this was true. Her husband than also told the officer to search her apt for Meth because he had reason to believe that there was something in there. She agreed and let the officer in to do his search feeling that there was nothing to worry about. Located in the ashtray that was covered up he found 2 pieces of tin foil. The officer than asked if he could search her bedroom and she agreed and so he did and found a straw in a drawer with love letters from her husband. He also found a tin that contained a cap to a marijuana pipe, a ziplock baggy with approx. 15 seeds in it.
She stated to the officer that she knew nothing about this and that she felt she was being set up. The officer aggreed and asked to do a feild test of one of her ashtrays. The test was neg. The officer also said that if the test came out neg. there would be no charges pressed against her. There is now no record of anything being tested and what the officer claimed about the forgery that her husband admitted to. In the police report it stated that the cap to the pipe came back positive. She is now being charged with 2 counts of possession of a controlled substance and 1 count paraphernalia. Her lawyer asked her to give them a UA and she did and it came back neg. There is no record of this now. County att. is asking for to do a psyc exam to see if she will tell the truth which she already has and there is no record of that either. If she does the test they will consider giving her a deferred judgement. Her public defender doesnt know what she should do. He is not giving her any support or options. What should she do and how do you think she should handle this situation. What legal rights does my friend have in the matter against her. Any advice you can give us would be appreciated.
Thank you and sorry for a long message just wanted to tell you the whole story.
She stated to the officer that she knew nothing about this and that she felt she was being set up. The officer aggreed and asked to do a feild test of one of her ashtrays. The test was neg. The officer also said that if the test came out neg. there would be no charges pressed against her. There is now no record of anything being tested and what the officer claimed about the forgery that her husband admitted to. In the police report it stated that the cap to the pipe came back positive. She is now being charged with 2 counts of possession of a controlled substance and 1 count paraphernalia. Her lawyer asked her to give them a UA and she did and it came back neg. There is no record of this now. County att. is asking for to do a psyc exam to see if she will tell the truth which she already has and there is no record of that either. If she does the test they will consider giving her a deferred judgement. Her public defender doesnt know what she should do. He is not giving her any support or options. What should she do and how do you think she should handle this situation. What legal rights does my friend have in the matter against her. Any advice you can give us would be appreciated.
Thank you and sorry for a long message just wanted to tell you the whole story.