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Marijuana cultivation charge, not yet arrested

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B

bedwetter

Guest
What is the name of your state? Indiana

Hi all,
About 5 weeks ago, a friend had a knock on her door by the state police. They had a tip that she was growing pot. She let them in (they told her they had enough evidence for a warrant, but in retrospect, if they did have enough evidence for one, they would have brought it with them obviously). Anyway, she had a small personal grow, one plant in flower and afew cuttings. Also about 1oz of pot and several ounces of leaves. They confiscated everything but did not arrest her at the time. One of the officers asked her if she had been read her rights and when she told them she hadn't, he said he wouldn't bother to then. The officer in charge told her that an arrest warrant would be served, butit could take up to 3 weeks. It has now been over 5 weeks and nothing has happened. She has been checking the court documents online every day since, and there isn't anything there about her yet. How long does it typically take for a warrant to be served? Is it possible the police/prosecutors have decided not to press charges? She is getting quite worried about this and is sick of waiting. Is there any way she can find out if anything is going to happen? Oh, and she is a foreign graduate student, if that makes any difference

Sorry for the long post, and thanks in advance.
 


H

HomeGuru

Senior Member
bedwetter said:
What is the name of your state? Indiana

Hi all,
About 5 weeks ago, a friend had a knock on her door by the state police. They had a tip that she was growing pot. She let them in (they told her they had enough evidence for a warrant, but in retrospect, if they did have enough evidence for one, they would have brought it with them obviously). Anyway, she had a small personal grow, one plant in flower and afew cuttings. Also about 1oz of pot and several ounces of leaves. They confiscated everything but did not arrest her at the time. One of the officers asked her if she had been read her rights and when she told them she hadn't, he said he wouldn't bother to then. The officer in charge told her that an arrest warrant would be served, butit could take up to 3 weeks. It has now been over 5 weeks and nothing has happened. She has been checking the court documents online every day since, and there isn't anything there about her yet. How long does it typically take for a warrant to be served? Is it possible the police/prosecutors have decided not to press charges? She is getting quite worried about this and is sick of waiting. Is there any way she can find out if anything is going to happen? Oh, and she is a foreign graduate student, if that makes any difference

Sorry for the long post, and thanks in advance.
Click to expand...
*A: online? Tell her to go down to the main station and inquire within.
 
B

bedwetter

Guest
yes, online. The county court system posts all court documents on a searchable online database. The police (and the lawer she talked to) told her to look there to see when the warrant is issued. She doesn't really want to go down the police station because she doesn't want to force the issue of her arrest. She is hoping they will not arrest her (doubtful) because she has no criminal record, she has never even been given a speeding ticket in fact. Also, the police seemed aware that her being charged with a felony would possibly have disastrous effects on her academic career. I think she is hoping they are sympathetic with her and realize that it was a victemless crime.
 
H

HomeGuru

Senior Member
bedwetter said:
yes, online. The county court system posts all court documents on a searchable online database. The police (and the lawer she talked to) told her to look there to see when the warrant is issued. She doesn't really want to go down the police station because she doesn't want to force the issue of her arrest. She is hoping they will not arrest her (doubtful) because she has no criminal record, she has never even been given a speeding ticket in fact. Also, the police seemed aware that her being charged with a felony would possibly have disastrous effects on her academic career. I think she is hoping they are sympathetic with her and realize that it was a victemless crime.
Click to expand...

**A: so are you saying that growing, using and possessing pot is legal in her country?
 
J

JETX

Senior Member
Tell her to keep looking. They have up to TWO YEARS to file charges against her.... unless it is determined that the amount is suffiicient for a felony, then they have FIVE years.

"IC 35-41-4-2
Periods of limitation
Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of a misdemeanor."
Source: http://www.in.gov/legislative/ic/code/title35/ar41/ch4.html

If they don't file within that time, you can tell her to stop looking over her shoulder.
 
Last edited:
H

HomeGuru

Senior Member
JETX said:
Tell her to keep looking. They have up to TWO YEARS to file charges against her. If they don't file within that time, you can tell her to stop looking over her shoulder.
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**A: but the DEA, US Customs and INS have longer than 2 years.
You see, Big Brother has time.
 
J

JETX

Senior Member
HomeGuru said:
**A: but the DEA, US Customs and INS have longer than 2 years.
You see, Big Brother has time.
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Nothing in the post would indicate the federal laws were violated. 'INS'??? Who or what are they?? :D
Presumably, you mean BCIS..... and what would customs or BCIS have to do with this intrastate (non federal) crime??
 
B

bedwetter

Guest
She is Canadian, so yes, cultivatin is illegal in her home country. She is more worried about being deported or being prevented from returning to the U.S. if she leaves to visit family or whatever.
There was enough marijuana present for this to be a felony, so yeah, they have up to 5 years to press charges. She just doesn't understand whythey didn't arrest her at the time of the bust.

Thanks for all the advice everybody.
 
J

JETX

Senior Member
bedwetter said:
She is more worried about being deported or being prevented from returning to the U.S. if she leaves to visit family or whatever.
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Yep, be sure to kiss her goodbye when they come a'knockin'.

THis is a DEPORTABLE offense, so she will serve her prison time first... then have her ass kicked out of the country. We have enough felons here without having to import them!!

From a website:
"Under INA §241 (a)(2)(A), an alien is deportable for general crimes, including crimes of moral turpitude, multiple criminal convictions, and aggravated felonies. An alien may also be deportable for violation of any law irregulation of a State, the Federal Government, or a foreign country relating to a controlled substance. Even a drug abuser or a addict is deportable."
Source: http://www.immigration-america.com/criminal.html
 
O

okamsrazor

Guest
LOL. Amen to that JetX. I hope her academic carrer is "ruined" and she loses all her financing and has to work as a call girl to make money...till shes in her late 20's, and those calls stop...then we can go to Canada and pick her up from the bargin bin in the alley at the local salon..woo hoo!!
 
B

bedwetter

Guest
OL. Amen to that JetX. I hope her academic carrer is "ruined" and she loses all her financing and has to work as a call girl to make money...till shes in her late 20's, and those calls stop...then we can go to Canada and pick her up from the bargin bin in the alley at the local salon..woo hoo!!
Click to expand...
What are you talking about okamsrazor?

JetX, after talking to her lawer, it sounds like it is very unlikely she will serve any time, and they will probably be willing to have the charge (if it ever happens) reduced to a misdemeanor because of the small quantity involved and because the grow was clearly for personal use and not for distributing. Do you think this will make any difference in whether she will be deported? I know she CAN be deported, but I guess the more pertinant question is whether she WILL be deported.
 
J

JETX

Senior Member
Darn, and I just put my crystal ball in the shop for repairs!! The damn thing kept giving the me winning MegaMillions numbers and I don't need that!! Hell, I am already in too high a tax bracket and don't that additional tax liability.

Tell ya' what... they promised they would return it as soon as possible (something about waiting until the MegaMillions is high enough). Ask your 'friend' if she will hold on until I get it back, then I can answer your/her question.
:eek:
 
O

okamsrazor

Guest
bedwetter said:
What are you talking about okamsrazor?
Click to expand...
I guess I can't expect someone who dates a dope smoking canuk to understand.
 
B

bedwetter

Guest
JETX said:
Ignore Okam.... he is a TRUE bedwetter..... and pimp for his mother on the street.
Click to expand...
lol! I agree JETX!
Anyway, thanks for the advice so far. I guess I should have been more explicite about the deportation thing - I know no one can tell me if she will be deported, I just wanted to know if it is a common occurance for drug charges.
Even though the autrhorities do have up to 5 years to put our a warrant, is it common that they take a long time to do it? Do they sometimes not press charges, or is it possible that they won't do anything unless she gets in trouble for something else (ie if she keeps herself out of trouble they won't do anything about this charge?). To me, it seems nonsensical that they would wait this long to do anything - since her name isn't in the system at all,she could have easily fled back to Canada by now, had she wanted.

Thanks again - I iwll try to refrain from asking quesitons requiring a crystal ball from now on!

bedwetter
 
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