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winged159

Junior Member
What is the name of your state? NJ My Aunt has just sold her home (i was living there). the buyers were Jr. Officers, while remodeling the home when they tore the carpet up in the room i used to reside in they found two Heroin Bags. (i dunno if they were empty or full or what) now they claim they're doing an investigation of everyone in the home, i fear they are going to pin this to me and i never had any affiliation with the drug. but i have a previous marijuana charge that i'm allready on probation for. i dunno what i should tell them. please give me some advice.
 
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Bretagne

Member
Don't tell them anything. Tell them your lawyer said not to talk about anything. Probably you should get an attorney.

How old is the carpet? How long has your aunt lived there? Did anyone else live in that room? Who has access to the room? These are all important facts that an attorney will need to know to give you good advice.

On its face, I think it would be a pretty tough case to prove any actual or constructive possession of the drugs by you, so long as others have access to that room. If the carpet was already there when you and your aunt moved in, that's a good sign.

Maybe you should call up your probation officer and let him/her know what's going on. They're going to find out anyway. Insist that you've never had anything to do with heroin, just pot. Ask for help and advice.

Good luck.
 

seniorjudge

Senior Member
Are you telling us that somebody found dope that was in a house that no one was living in (and, I assume, bereft of furnishings, etc.)?

If so, then I find it difficult to conceive how a prosecutor would even want to waste time on such a thing.

Are you telling us the whole story?
 

garrula lingua

Senior Member
If the facts are as you state them, follow Bretagne's advice.

Don't speak to anyone (except an atty) about this.
Don't respond to the jr.s; don't engage in any conversation with them.

Keep your mouth shut and see if this goes anywhere. I can't see a Prosecutor filing charges, but there's enough for a probation violation - that's a lesser standard, and you have no right to a jury trial.
 

garrula lingua

Senior Member
P.S: It isn't just the Probation Officer who can advise the court of a Probation Violation.

The filing Prosecutor has a choice: file charges as per cop; file different charges; file no charges; file probation violation on prior case for this behavior.
 

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