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charged with tenants drugs in owner occupied rental after he high on meth attacked me and i beat him up.

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well again this is only the preliminary hearing, pa law affords 30 days from time of arrest to file motions in pretrial omnibus. i find it impossible to believe if this does make it to trial that any prosecutor will believe they can get a jury to find me guilty when i have witnesses to attest it was not my room, leases signed, a suicide attempt the following day, no prior record on my part, the intent to deliver is based on such flimsy logic...it's one thing to have drugs in multiple bags on your person in a random stop or selling to an undercover or drugs scale and bags found while under investigation it's another entirely to find scale and drugs in one room of a house and empty clean bags in another with two different occupants, we're not talking a pound of meth and i'm doubting we're even talking an ounce of meth. i've already found california precedents relating to what police can and can't do in a shared home of separately leased rooms. i'll attempt what i can on my own and if it isn't dismissed at preliminary i will take it from there to a lawyer. that all said if anyone reading this does have any advice on what to specifically look for at the hillman library of pittsburgh or on internet in regards to statutes, police or evidence guidelines concerning the failure to take the container of meth for fingerprinting, charging one but not both of us when it was his word against mine (obviously he told the officer the meth wasn't his) even though all circumstances pointed to the naked bleeding streaker as the person on or with drugs, ...

police absolutely do not have the right to search a home with no warrant for a domestic dispute if they did there would be alot more convictions for drug possession and i know for a fact the burden of proof for intent to distribute is higher than what they currently have against me. i'm hoping prosecution sees this and drops charges down to possession of less than 30 grams of marijuana, drug paraph, and simple assault. we will see and i'll update the threat after court on tuesday.
 


quincy

Senior Member
You essentially confessed to assault and battery. And you can be charged at the very least with possession. That is reason enough to have an attorney - even though I understand cost is an issue.

Good luck with your research.
 
You admitted to the police to having a physical altercation with the naked bloody tenant prior to the police picking him up. If he was on drugs when the police picked him up, that is a problem for him but also a problem for you.

Another tenant let the police into the rental.

The police obtained a search warrant and found evidence of drugs.

The money seized could have been seized as drug money.

A forum is not going to be able to give you all of the information and direction you need. What you want is a good criminal defense attorney in your area who can personally review the facts that led to the police search of the rental and the subsequent seizure of the drugs that were found and the money.

I suggest you ask family or friends for a loan to pay for legal representation. I fear you cannot learn enough in the next couple of days to adequately represent yourself.

Good luck.
evidence of drugs is not intent to distribute. again there were no individually bagged amounts of any drug. one bag of less than two grams of marijuana, mine, and one plastic cup with meth and a scale in another room, his, and police failed to take the container even though the container was mentioned in arrest report and on body camera by officer as well as it's location in the room. i'll not be putting my family into debt over this unless this goes to trial and even at that point i'm confident i can learn enough in two months to adequately defend myself as from my perspective, the truth is on my side.
 
You essentially confessed to assault and battery. And you can be charged at the very least with possession.

Good luck with your research.
no i confessed to being attacked by a nude man high on meth amphetamines in my bedroom and him destroying personal property and me fighting back. that is very different to assault and battery. on police cam again, the officer said that he 'admitted to going a little crazy' as to what started the altercation.
 
furthermore it's barely a slap on wrist for under 30 grams of marijuana possession now in pa. but if the DA offers a plea bargain down to guilty of those charges and toss all else out, i'll gladly take it.
 

quincy

Senior Member
There are a lot of people sitting in jail who had "truth" on their side. The evidence, however, was not.

Good luck.
 

FlyingRon

Senior Member
It's "Intent to deliver" by the way in your state. Scales and large quantities even if NOT already divided up are enough to support the charge.
Nothing you say is per se exculpatory. You need the lawyer.
 

HRZ

Senior Member
Your co owners and mortgage holder might be rather smart to loan you ( written demand note ) funds for a good criminal defense attorney ....your local DA might be on a property siezure mission ..and there appears to be evidence that crime(S) were headquartered at your location. And I just gotta bet this was not a singular first time event of some wacky tenant

Your plight is headed downhill fast wo a criminal defense lawyer .
 

cbg

I'm a Northern Girl
Y'know, on another board we just heard back from another individual who was quite sure the judge was going to see things his way. It wasn't a criminal case - it was a child custody case. But for thread after thread we kept telling him he needed to get a lawyer, that he was jeopardizing his own case. But he was quite convinced that he knew what he was doing. "I'll say thus and so," he kept insisting, "and the judge will see the justice of my position".

Well, you know what happened? He didn't get a lawyer, and he said thus and so, and the judge said NO. He didn't get a thing he wanted and while I've forgotten some of the details since this went on so long, I believe he lost some of what he already had.

He was not facing jail. You are. GET A LAWYER.
 

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