What is the name of your state (only U.S. law)? Minnesota
My fiance back in october 2008 had stupidly taken an offer to make a lil money and get a friend of a friend some coke. this girl begged him for months to "hook him up" and after weighing his decision, he stupidly decided to do it and make 100 dollars, DUMB, i know this already....so he tracked two grams down from one of his friends, and agreed to meet the guy and sell it to him. my fiance does not do coke, he never has, he is not a drug dealer and never has been. he took an opportunity to make money foolishly and sold it to the guy.
then in december 08 out of nowhere the police and drug task force surrounded the house that we were living in, ( not our house, we were not renting, the house was in foreclosure and had belonged to my parents, we were staying there until the home was closed on). they came in with a warrant and searched the home, garage, went through our garbage and found nothing that was related to coke. they did find paraphernalia used for marijuana, that belonged to him some stems and seeds out of our garbage, they also found a digital scale that would never have any traces of cocaine on it.
our 2 year old daughter was in the house, i was not when the search happened. they came in with guns, questioned him and brought in the undercover that he had sold to in october and asked if he knew who he was. my fiance stated that he had never seen him before. they put him in cufffs and threatened to take him to jail. my fiance "brian" was scared and admitted he had seen him before. the police and detectives then demanded that he give up sources to avoid jailtime, he said he didnt know anybody it was a one time thing, and they put him in cuffs again, with my daughter there the whole time btw. so once again scared brian agreed to wear a wire and try to "snitch" someone out.
they left the house, did not arrest him, and months went by, the taskforce waited for brian to wear the wire, and brian finally said he did not know anyone and would like to talk to an attorney. they advised him not to talk to anyone about this matter, not even me.
after brian could not give anyone up, they sent out the charge of a third degree felony drug charge. he went to his first court date and was released on ROR until june at the first hearing before trial in june. he is facing up to 10 years for this charge, they have no proof that it was him, other then when he admitted to the detective in the raid. they said they had video and/or audio surveillance that was not included in the evidence we received.
this is his first offense for anything other then traffic violations.
my questions
what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.
was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?
what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.
can he press charges on the drug task force for harm on our childs emotions? every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?
Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...? they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???
sorry for the book, just wanted to get as many facts in as possibleWhat is the name of your state (only U.S. law)?
My fiance back in october 2008 had stupidly taken an offer to make a lil money and get a friend of a friend some coke. this girl begged him for months to "hook him up" and after weighing his decision, he stupidly decided to do it and make 100 dollars, DUMB, i know this already....so he tracked two grams down from one of his friends, and agreed to meet the guy and sell it to him. my fiance does not do coke, he never has, he is not a drug dealer and never has been. he took an opportunity to make money foolishly and sold it to the guy.
then in december 08 out of nowhere the police and drug task force surrounded the house that we were living in, ( not our house, we were not renting, the house was in foreclosure and had belonged to my parents, we were staying there until the home was closed on). they came in with a warrant and searched the home, garage, went through our garbage and found nothing that was related to coke. they did find paraphernalia used for marijuana, that belonged to him some stems and seeds out of our garbage, they also found a digital scale that would never have any traces of cocaine on it.
our 2 year old daughter was in the house, i was not when the search happened. they came in with guns, questioned him and brought in the undercover that he had sold to in october and asked if he knew who he was. my fiance stated that he had never seen him before. they put him in cufffs and threatened to take him to jail. my fiance "brian" was scared and admitted he had seen him before. the police and detectives then demanded that he give up sources to avoid jailtime, he said he didnt know anybody it was a one time thing, and they put him in cuffs again, with my daughter there the whole time btw. so once again scared brian agreed to wear a wire and try to "snitch" someone out.
they left the house, did not arrest him, and months went by, the taskforce waited for brian to wear the wire, and brian finally said he did not know anyone and would like to talk to an attorney. they advised him not to talk to anyone about this matter, not even me.
after brian could not give anyone up, they sent out the charge of a third degree felony drug charge. he went to his first court date and was released on ROR until june at the first hearing before trial in june. he is facing up to 10 years for this charge, they have no proof that it was him, other then when he admitted to the detective in the raid. they said they had video and/or audio surveillance that was not included in the evidence we received.
this is his first offense for anything other then traffic violations.
my questions
what is the likelihood of this case being dropped? he only has a public defender who motioned for a dismissal, but we have not heard the answer to that yet.
was the warrant issued legal for selling one time? how does that make him a drug dealer when they only have ever heard o f him doing this one time?
what are the chances of him actually serving that much time? i heard that the judge he has is not that had on first time offenders, but I realize that cocaine has harsher punishments for obvious reasons.
can he press charges on the drug task force for harm on our childs emotions? every-time daddy leaves she freaks out. i do believe she suffered from this search emotionally and dont think it was really necessary or legal , although signed by a judge.....but for what reason would they do a search?
Why didnt they just arrest him when he sold? maybe they have their facts wrong on him...? they were thinking they were going to find all t his cocaine in his possession, but found nothing....didn't they waste state money and time for this???
sorry for the book, just wanted to get as many facts in as possibleWhat is the name of your state (only U.S. law)?