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Possessiom/Paraphernalia in Another County

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BabyDoll8578

Junior Member
What is the name of your state (only U.S. law)? Kentucky.

My boyfriend is charged with possession of meth, 2nd offense; Paraphernalia, 1st offense in another county. Will they have to drop the paraphernalia charge if we prove that it wasn't his? Some of the things they have listed weren't even present so I know they can't produce them as evidence. He was deathly ill when they found on him and was taken to the local ER for treatment but was subsequently charged with possession (pretty pathetic, you're dying and they just want to slap a charge on you). He was charged with possession in 2002 nut was never convicted, so it would be his first offense anyway, not second. Is there a way to have the possession charge dropped? I know that when a person is under the influence of drugs or alcohol, in detox or in a mental facility legally they aren't supposed to be able to use any kind of statements given (confessions of otherwise) because you are considered to be 'not of sound mind.' I have heard that the substance was tested and found to be mostly poison (other than normal poisons found in meth) and it was under 0.5g but I'm not familliar with possession laws. How do you find loopholes? Do I need to find a library that has law books and just start digging through books? When he was served with the warrant he was detained in the county we live in on other charges but was on home incarceration as per his parole officer. If he's on HI, he is not a flight risk but the combined bonds from both counties is $51,000 cash. Isn't that a littlw exhorbitant? Could we file a Writ of Habeas Corpus motion for excessive bail?
 


Zigner

Senior Member, Non-Attorney
Duplicate post: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/false-statement-signed-ci-help-522133.html
 
What is the name of your state (only U.S. law)? Kentucky.
Your other one is a little rambling and doesnt have the paraphernalia questions and the two posts are actually different.. so I will consider this not a duplicate post. When I read your other, I felt like I was talking to a meth addict, as they often ramble with wild delusions of police conspiracy, etc.. although they believe they are perfectly rational. Its just not going to fly in court... Even if true, which I doubt. There is just no credibility there. So many meth heads with delusions; its kind of like crying wolf. Blame all the other meth heads for ruining the conspiracy angle for him.

My boyfriend is charged with possession of meth, 2nd offense; Paraphernalia, 1st offense in another county. Will they have to drop the paraphernalia charge if we prove that it wasn't his?
Thats not the way it is going to work. If they drop something out of a plea deal they will drop it. "Ownership" of paraphernalia is irrelevant, it is possession of the device they are charging you with, so "proving it wasnt his" (if even possible, which I doubt) will not do anything.


Some of the things they have listed weren't even present so I know they can't produce them as evidence. He was deathly ill when they found on him and was taken to the local ER for treatment but was subsequently charged with possession (pretty pathetic, you're dying and they just want to slap a charge on you). He was charged with possession in 2002 nut was never convicted, so it would be his first offense anyway, not second. Is there a way to have the possession charge dropped? I know that when a person is under the influence of drugs or alcohol, in detox or in a mental facility legally they aren't supposed to be able to use any kind of statements given (confessions of otherwise) because you are considered to be 'not of sound mind.' I have heard that the substance was tested and found to be mostly poison (other than normal poisons found in meth) and it was under 0.5g but I'm not familliar with possession laws. How do you find loopholes? Do I need to find a library that has law books and just start digging through books?
I want you to know something. There is absolutely nothing you can do, except help him (and probably you) get clean. For the court, he needs a lawyer who will likely work a plea deal for him. There are no loopholes that allow you to summarily escape drug charges or our prisons wouldnt be full of nonviolent drug offenders and we wouldnt be able to waste billions of dollars putting them there. They would all use that loop hole.

If there was something wrong with the case - probable cause, illegal search.. whatever.. that will be handled by formal motion during criminal proceedings.. not by you reading a book in a library.

When he was served with the warrant he was detained in the county we live in on other charges but was on home incarceration as per his parole officer. If he's on HI, he is not a flight risk but the combined bonds from both counties is $51,000 cash. Isn't that a littlw exhorbitant? Could we file a Writ of Habeas Corpus motion for excessive bail?
Yes, you could file a writ for excessive bail and what will happen is the same that happens in 95% of other writs, it would likely be summarily denied as bail was set by schedule (if set by police) or judge (who has more discretion in setting bail)... and he is not likely to think he set too much bail... but even if it did work and the judge lopped off $5K or some number from the bail.. would that help?

Better is HIS lawyer filing a "Motion for O/R release or Reduced Bail" and explaining exactly what you just said, among other things and working to get him OR'd.

Unless you are a qualified member of Kentucky's Bar, you have no standing and cannot do anything for him.

You two need to get it together or he will continue to do life on the installment plan, and the first part of that is stop messing with meth. Until that happens, he will be grinded to pieces in the legal system... not to mention what will happen to minds and body.
 
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