Poss. of Narcotics found in home while I was away

[China]

What is the name of your state? CT While I was on vacation my house was raided my son was arrested pos. of mar warrant was issued in his friends name at our addy. His friend was arrested for firearms and poss as well. Apparently during the search something was found in my room and a postcard addressed to me was near it. I returned from vacation and thought I was in trouble because it was my apt -- Bondswoman called three time and I went to police Dept to see if there was a warrant for me which their was not. I was in the process of moving thru all this and went to the apt to clean up police came and arrested me for possession of what ever it was that they found --- Will this be dropped in court as I had nothing in my possession and was away at the time of the warrant (in my sons friends name) I don’t know what went on while I was gone and what they found wasn’t mine. This whole thing has lots of issues as I’ve never even actually seen the warrant I applied for a Pd and got one have court this week just wondering if anybody out there could offer advice or knowledge in a matter such as this thanks

 

[racer72]

Will this be dropped in court as I had nothing in my possession

The Free Advice Magic 8 ball can't see that far into the future. Possession is an ambiguous term. If the stuff was found in an are normally controlled by you, such as your room, you can be charged with possession.

and was away at the time of the warrant (in my sons friends name)

The name on the warrant is irrelevent.

All I can say is that it don't look good at this time. Hiring your own attorney would have been a much better move though, he/she will be there to represent your interests. A public defender is there just to insure you receive competent legal representation. Also, the public defender is not free, you will have to pay for the service and often it will cost close to what your own attorney would have cost.

 

[China]

thanks

i guess i was hoping for a more promising answer but thanks for letting me know-- will i have to go to jail? it wasnt mine to begin with without it actually being on me how can they prove it was?

 

[smutlydog]

i guess i was hoping for a more promising answer but thanks for letting me know-- will i have to go to jail? it wasnt mine to begin with without it actually being on me how can they prove it was?

Is someone else claiming the drugs? Not that is matters technically but sometimes if someone owns up to the dope then everyone else gets their case dismissed or the case will not get filed in the first place. That's assuming the story is believable...

it wasn’t mine to begin with without it actually being on me how can they prove it was?

You had constructive possession so ownership has nothing to do with it. If you were 300 miles away from your house you still had constructive possession.

 

[China]

Thanks for the reply and insight on my situation -- Went to court after being assigned pd she now cant represent me cause the other kid is being represented by the pd office-- now they are assigning me another attorney --

When my son went to court for his part in this whole incident the p.attorney nor his lawyer or anyone for that matter could locate a copy of the search warrant the whole thing seems screwed up if the warrant was issued for his friend at our addy although he did not live there isnt that kind of wrong? any insight on that? Any comment or suggestions regarding the whole thing would be greatly appreciated thanks Just realized someone else said the name on the warrant is irrelevant why is it irrelevant if its for someone else i would think the fruits of their labor would be worthless but heck what do i know look at the mess im in