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POM at 45

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Sweetwrap63

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

I was arrested for POM after my home was raided by police holding a search warrant. The accusations were that we were selling drugs from our home. I don't smoke MJ, or do any other drugs. My room mate did smoke on occasion and had less than a quarter oz. in a cake tin.
The question came down to who was going to claim it. He is diabetic and takes insulin shots 3 times a day, plus has a prior criminal history for non violent incidents. So I claimed it.
I really don't want this type of thing on my record. There is no telling what future employment may be and I have 8 grandchildren that I am concerned for.
My question is this: My first name is spelled wrong on every form concerning the arrest along with my height, eye color, and arrest location. Is there any possibility I can get this dismissed? What should I plead? Court date is set for my birthday....wonderful huh??:confused:
 


Zigner

Senior Member, Non-Attorney
You fessed up to the drugs. They were yours.
The name info is very minor and won't affect the overall outcome.
 

Just Blue

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

I was arrested for POM after my home was raided by police holding a search warrant. The accusations were that we were selling drugs from our home. I don't smoke MJ, or do any other drugs. My room mate did smoke on occasion and had less than a quarter oz. in a cake tin.
The question came down to who was going to claim it. He is diabetic and takes insulin shots 3 times a day, plus has a prior criminal history for non violent incidents. So I claimed it.I really don't want this type of thing on my record. There is no telling what future employment may be and I have 8 grandchildren that I am concerned for.
My question is this: My first name is spelled wrong on every form concerning the arrest along with my height, eye color, and arrest location. Is there any possibility I can get this dismissed? What should I plead? Court date is set for my birthday....wonderful huh??:confused:

Why on earth would you "claim it" if you are so concerned for your "future employment" and those 8 :)eek:) grandchildren??
 

HomeGuru

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

I was arrested for POM after my home was raided by police holding a search warrant. The accusations were that we were selling drugs from our home. I don't smoke MJ, or do any other drugs. My room mate did smoke on occasion and had less than a quarter oz. in a cake tin.
The question came down to who was going to claim it. He is diabetic and takes insulin shots 3 times a day, plus has a prior criminal history for non violent incidents. So I claimed it.
I really don't want this type of thing on my record. There is no telling what future employment may be and I have 8 grandchildren that I am concerned for.
My question is this: My first name is spelled wrong on every form concerning the arrest along with my height, eye color, and arrest location. Is there any possibility I can get this dismissed? What should I plead? Court date is set for my birthday....wonderful huh??:confused:


**A: here is good advice. Go to court and demand that the court document the correct spelling of your name and any other incorrect information.
 
The rest of the story....

What is the rest of this story I don't see how the police could get a search warrant without more than your roommate having less than a 1/4 oz in a cake tin..:confused: and for that matter why would they bother?
 

CavemanLawyer

Senior Member
If the info is wrong in the booking info and the offense report than that truly doesn't matter. If your name is wrong on the information (charging instrument) than you should bring it to the prosecutor's attention and they can amend it. If the name is totally wrong and not even close they may have to refile, but that still is a very minor thing to do. None of this gives you any kind of leverage in the case though because if you plead under the wrong name than all you've done is gotten yourself an AKA. If you go to trial they will have to arraign you first and you have to answer to your correct name. If it is different than the charging instrument than they'd just amend at that point. If you don't correct the name, again you've just given yourself an AKA because the name in the charging instrument becomes an assumed name. The State's proof of identity doesn't require them to prove you are "First Name, Last Name" it requires them to prove that the person standing trial is the person who did the crime.

As for the case, even if this is not "your" marijuana that really doesn't even make a difference. Ownership and possession are completely different concepts. If you know that the marijuana is in your house/apartment and you live there and don't do anything about it, than that is possession even if the marijuana belongs to your roommate.

See what the State's offer is. If they offer deferred you might want to take it because you can avoid a conviction. Some counties are liberal about marijuana. In one county near me they will dismiss the case outright if you take an 8 hour "marijuana awareness" class.

If you have any doubts at all than you should hire an attorney or request a court appointed attorney if you cannot afford one.
 
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If the info is wrong in the booking info and the offense report than that truly doesn't matter. If your name is wrong on the information (charging instrument) than you should bring it to the prosecutor's attention and they can amend it. If the name is totally wrong and not even close they may have to refile, but that still is a very minor thing to do. None of this gives you any kind of leverage in the case though because if you plead under the wrong name than all you've done is gotten yourself an AKA. If you go to trial they will have to arraign you first and you have to answer to your correct name. If it is different than the charging instrument than they'd just amend at that point. If you don't correct the name, again you've just given yourself an AKA because the name in the charging instrument becomes an assumed name. The State's proof of identity doesn't require them to prove you are "First Name, Last Name" it requires them to prove that the person standing trial is the person who did the crime.

As for the case, even if this is not "your" marijuana that really doesn't even make a difference. Ownership and possession are completely different concepts. If you know that the marijuana is in your house/apartment and you live there and don't do anything about it, than that is possession even if the marijuana belongs to your roommate.

See what the State's offer is. If they offer deferred you might want to take it because you can avoid a conviction. Some counties are liberal about marijuana. In one county near me they will dismiss the case outright if you take an 8 hour "marijuana awareness" class.

If you have any doubts at all than you should hire an attorney or request a court appointed attorney if you cannot afford one.


Caveman...while I always respect your advice on these forums, I am curious as to why you continually substitute "then" for "than" and vica versa. Is it because of your background? It seems like every time that you use one of the terms it is the incorrect one, and I'm curious to know why.
 

CavemanLawyer

Senior Member
I know when to use which one and am meticulous when it comes to spelling and grammar in my work. In terms of background, I was actually an English major. But this isn't work and I don't have much time to post on this site and other sites, so I tend to type very quickly and move on. I did continually make that mistake in that post. If I do it elsewhere I've never noticed. I think its kinda an internet thing, since its an informal setting.
 
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