Reindictment, after dismissal& expungement. help please?

I got an expungement, & I got the official paper for it.

However, for conspiracy to distribute false narcotics. (I'm NOT a dealer....)
I was ripped off, & went back to prove it. (Possibly get some $ back..)

Since my expungement is in, & technically I wasn't arrested, wouldn't that mean that have no evidence??

Since my expungement is in, & technically i wasnt arrested, wouldn't that mean that have no evidence??

Click to expand...

what does having been arrested have to do with some material they confiscated from you?

Put is this way: if a cop walks up to you and has reason to search you and finds 25 pounds of marijuana on you, he does not have to arrest you but he will still confiscate the dope and make a report. He can turn the evidence and report over to the prosecutor and let him decide if he is going to prosecute you.


That is basically where you are concerning the issue.

Because the evidence is from that arrest... which was expunged...

it is not from the arrest. It is from a search. There needs be no arrest for a search. Unless you can argue the search was illegal, they still have the evidence.

This new indictment is on a different charge(s). The evidence does not go away just because the first arrest was "voided" and went away.

Having the first set of charges dismissed and the record expunged is NOT an acknowledgment that the first arrest or any search conducted was improper.
In order to get the evidence tossed you have to show that the search was unlawful.

Thanks! It was illegal, i didn't conset before the arrested me. (They arested after search) but im gonna have one hell of a time proving that. Lucky me. Haha. Atleast I've done nothing wrong, pertaining with these charges. My origial charges were gonna land me 3 years probation, athought max could have been 44 years in prison... in maryland, i beleieve this carries 3 years, so im guessing 1 year prob. That sound right? Im just hoping they forget, were bluffing, or get another big bust, & forget little old me, haha. Thanks. I have a great lawyer, so hell firgure something out. If was dealing, id have no problem with it. But whateve.