poss of drug paraphernalia

[ReformedMan]

Yes it can make a big difference. The changes in that law were designed to trap those that are guilty.
Did any of them plea guilt? or did they plea No Contest?
My guess is that the house is a rental and tenants change as fast as the schools class years change.

Q: Did the police find out about the drug paraphernalia when the stove was first moved or were they brought in after the firemen pulled the stove? And was it in the hidden area when the police saw it? or had it already been pulled out and placed elsewhere?
Was it the cause of the fire? and could it have been there for a long time without causing a fire?

What did the police investigate as to how long the drug paraphernalia had been there? Was it obvious to anyone entering the area? or could it have been there for years?
If you can get the officer to state that all of the occupants where charged because of the statue; then I recommend asking if any of the fire men were charged.
They will probably argue that it was there before the fire.
If they do then this introduces a time line into the interp of the statue. That should allow you to question the time line as to how long the drug paraphernalia was hidden from site and whether there is any evidence that you would have had any more expectation to have observed it's pressents than the fire men before it was found?

I don't believe that you really should be convicted of this. I think that it isn't any more reasonable for you to face these charges, then anyone else entering the apartment with out exray equipment.

good luck

Yet another horrible, HORRIBLE answer from this poster. Why an admin hasn't banned her already is beyond me. Another thing that is beyond me is why any poster would listen to somebody that can't even spell statute when discussing something pertaining to the law.

 

[InsaneJane]

Yet another horrible, HORRIBLE answer from this poster. Why an admin hasn't banned her already is beyond me. Another thing that is beyond me is why any poster would listen to somebody that can't even spell statute when discussing something pertaining to the law.

OK, I'll give, Why is this such a horrible answer?
Add please don't flame me because I think that from the info given that they are not guilty as charged.

 

[outonbail]

OK, I'll give, Why is this such a horrible answer?
Add please don't flame me because I think that from the info given that they are not guilty as charged.

Here's one laughable part:

If you can get the officer to state that all of the occupants where charged because of the statue; then I recommend asking if any of the fire men were charged.

Didn't you read the part about the firemen were the one's who discovered the item?

 

[cyjeff]

Agreed.

IJ, you gave a terrible answer wrapped in hopeful conspiracy theory and nebulous law.

Asking if the fire men that came to put out the fire were charged is stupid. I can't TELL you the number of times that firemen take a couple of minutes while putting out a burning building to roll a quick blunt to get a nice tasty buzz going.

It is neither the job nor the responsiblity of the law enforcement personnel on the scene to decide guilt or innocent. That is left to the courts to determine.

 

[billdozer90]

If these answers are so bad then why don't you guys help me out. Why don't you guys tell me something thats better or the right answer. Don't tell me to go hire a lawyer. That will cost more than the ticket cost and quite frankly because it is a city ticket, it will not even go on my record. Its only a $100 ticket and an attorney would cost hundreds of dollars and so that is a waste of my time. If you people don't like the answer that Jane gave then provide your own!

 

[outonbail]

If these answers are so bad then why don't you guys help me out. Why don't you guys tell me something thats better or the right answer. Don't tell me to go hire a lawyer. That will cost more than the ticket cost and quite frankly because it is a city ticket, it will not even go on my record. Its only a $100 ticket and an attorney would cost hundreds of dollars and so that is a waste of my time. If you people don't like the answer that Jane gave then provide your own!

Go with Janes answer and may the force be with you,,,,,,

 

[billdozer90]

as I said if its so bad then give better advice.

 

[cyjeff]

as I said if its so bad then give better advice.

We did.

Listen, we cannot give you the silver bullet that will allow you to talk like a lawyer on an anonymous message board.

This is like asking us the best way to treat that illness. We can offer suggestions but, ultimately, you just have to either live with the results or get advice from someone that paid a great deal of money for the education to validate that advice.

 

[Gideon_4474]

What kind of drug paraphernalia was it? How big is it? What else was found behind there? What town and State did this happen in? And what are the exact charges?

You are going to want to know what tests were preformed to find the idenity of who came in contact with it? How long since it had been in use? And what tests and the results for what drugs it was used for? Chain of custody?

There is a lot of info that you are intitled too in discovery from the DA prior to trial if you request it. I would recommend talking to a lawyer or parralegal to find out how much and what to ask for. I'm not sure if you can request a jury trial...

You also might want to consider the reasonability of someone using that area as a place to stash paraphernalia. If you would have to remove the stove everytime to reach it, then it doesn't sound reasonable. If it was just slid underneath one side that is fairly accessible, then it might be reasonable. You also may want to have pictures handy.

Since possesion of any drugs is not being charged, it's sounds highly unlikely that you would have had any prior knowledge, and I think this is BS. However, I wasn't there.

Could you read Legal Stop? Paraphernalia? and give some Insane Advice....

 

[cyjeff]

Could you read Legal Stop? Paraphernalia? and give some Insane Advice....

You, a law enforcement agent, are actually asking for help in circumventing the law?

Really?

 

[InsaneJane]

Could you read Legal Stop? Paraphernalia? and give some Insane Advice....

Sorry, I don't even know how a herb grinder would be used for drug use. Maybe you could explain?