Illegal/legal search

[Rid3r]

It's not at all the same.

Im just not understanding how its legal ,on the issuance of a warrant you must give detailed info of a place or places or areas and things to search which it does (the residence, the property, vehicles that are owned,used,in controll of or in possession of by said person, my vehicle was locked,he has no access to it no controll over it ,he states in the report it does not belong to him. So how is it legal

 

[quincy]

Here is a link to the possession of paraphernalia law, ARS 13-3415, which can be charged as a Class 6 felony:
https://www.azleg.gov/ars/13/03415.htm

Here is a link to the potential penalties for a Class 6 felony, ARS 13-604:
https://www.azleg.gov/ars/13/00604.htm

The prosecutor has the option of charging a Class 6 felony as a misdemeanor.

What you can hope for is that the search is determined to be illegal (perhaps exceeding the scope of the warrant) and what was found in your car cannot be used as evidence against you - and so the charges are dropped.

A more realistic hope, perhaps, is that you only have to pay a fine.

My recommendation is to not piss off the prosecutor or judge. For your appearance in court, dress nicely (no jeans, tee shirts, baseball caps), be polite, don’t smell like drugs.

Good luck.

 

[Rid3r]

Here is a link to the possession of paraphernalia law, ARS 13-3415, which can be charged as a Class 6 felony:
https://www.azleg.gov/ars/13/03415.htm

Here is a link to the potential penalties for a Class 6 felony, ARS 13-604:
https://www.azleg.gov/ars/13/00604.htm

The prosecutor has the option of charging a Class 6 felony as a misdemeanor.

What you can hope for is that the search is determined to be illegal (perhaps exceeding the scope of the warrant) and what was found in your car cannot be used as evidence against you - and so the charges are dropped.

A more realistic hope, perhaps, is that you only have to pay a fine.

My recommendation is to not piss off the prosecutor or judge. For your appearance in court, dress nicely (no jeans, tee shirts, baseball caps), be polite, don’t smell like drugs.

Good luck.

This happened 3 years ago they didnt charge me back then ,i quit the whole drug thing and now their trying to charge me ,and yes they give the option of a plea but im hard headed i was raised to stand up for my rights no matter how hard it is or what the consequences are and thats who i am so im taking it to trial yes if i loose im looking at 3-5 ,which i know if i had the money to pay for a lawyer i know that this would be a illegal search

 

[quincy]

This happened 3 years ago they didnt charge me back then ,i quit the whole drug thing and now their trying to charge me ,and yes they give the option of a plea but im hard headed i was raised to stand up for my rights no matter how hard it is or what the consequences are and thats who i am so im taking it to trial yes if i loose im looking at 3-5 ,which i know if i had the money to pay for a lawyer i know that this would be a illegal search

If you are determined to take your possession of paraphernalia charge to trial, there is not much left to say. Your attorney has read the warrant and knows the facts behind the charge, and you have been made aware of the risks.

Good luck.

 

[Rid3r]

If you are determined to take your possession of paraphernalia charge to trial, there is not much left to say. Your attorney has read the warrant and knows the facts behind the charge, and you have been made aware of the risks.

Good luck.

Thanks for the luck ,and yes i have been made aware of the risks,my involvement on this forum at this time wasnt asking for advice whether to go to trial or take a plea,i was merely asking what others opinion and reason or similar case might be towards this being legal or illegal

 

[adjusterjack]

,i was merely asking what others opinion and reason or similar case might be towards this being legal or illegal

Nothing that anybody says here is going to help you because we haven't seen the warrant and affidavit.

What counts is what your lawyer's opinion of the warrant is. You keep avoiding that question.