Set Up

[MRomo38]

What is the name of your state (only U.S. law)? Texas

About six months ago, police officers knocked on the door of my house. They did not have a search warrant, but did have a consent form. My husband gladly signed the form, because we had nothing to hide (so he thought). The officers then proceeded to come in and " search " the house. The problem there is they said someone had reported that we were transporting drugs, and they went directly to our dresser, pulled out the drawer, got a box out that contained baseball cards, and " found " a small bag that contained cocaine.... 0.02 grams to be exact. My husband took all the blame of course, he didn't want me or my daughter to be charged for this. I am just wondering if there is a possible way to beat this case without alot of money.

 

[CavemanLawyer]

It sounds more like your husband is at least possessing cocaine (maybe selling?) behind your back rather than him being set up. Police planting evidence is a pretty major act that should almost never happen. If it did you'd expect them to plant more than .02 grams.

That amount of cocaine is a state jail felony punishable from between 6 months in state jail up to 2 years (day for day) and/or a $10,000 fine. If he has no other felony convictions then he actually would qualify for mandatory felony probation.

The case sounds fairly solid if he consented to the search. Just get an attorney and see what kind of a deal he/she can get him.

 

[dave33]

The answer to the question is most likely "no". The consent to search pretty much sealed your fate.