Drug Crimes, Substance Abuse arrest for 3 adderal pills

[needadv1ce]

My daughters boyfriend is on house arrest and lives with us. About 10 police came in and searched our entire home tonight. They found 3 adderal pills in my room and arrested my husband for them. He has not been in trouble before but they said its a felony arrest. What are we facing? What do we do?

 

[army judge]

If hubby was arrested, we aren't facing anything. He, on the other hand, is.

He should make no statements or admissions. He should remain silent, plead not guilty, and hire an (or ask for a court appointed) attorney.

From there on out, he would be wise to speak only to that attorney about this case. If he's smart and does as I advise, he'll walk or get a slap on the wrist. In the meantime, all of you would be wise to keep your noses very, very clean.

If any (or all of) you have substance abuse issues, seek help!!!

Good luck!!!!

 

[fredrikklaw]

I feel safer already!

First of all, let me get the disclaimer out of the way, which is I have THE utmost respect and appreciation of law enforcement asunder and the enforcers; police officers, sheriffs, highway patrol, etc, and so on right across the board. Unequivocally!

That said and done, the only thing that comes to my feeble mind is a sudden onset of glibness when I read stories such as this, the result of which is a cheap, ad hoc rehash of the old but veritable classic funny: So, how many police officers does it take to find 3 Adderal pills? (Answer) Why, 10, of course. And while my attempt at whimsy may not force Jerry Seinfeld to shake in his funny boots, the stupid and laughable irony of this shameful excuse for enforcing the law, however, should not be lost any one.

The irony notwithstanding, another sad fact also remains that in the time window in which those 10 police officers so gallantly planned and carried out the daring raided of your house and made society safe from evil doers like (allegedly) your husband whose diabolical intention it was to flood the illicit drug market with 3 attention disorder pills, in their very patrol area, a few women were brutally raped and killed, a few other good folks were murdered during daylight robberies, children were abducted while riding their bicycles, and grandma and grandpa were taken for their life savings right under the noses of the two police officers who were doing their own bit to make Gotham safe by writing parking tickets and towing cars.

It is nothing short of ludicrous and a huge waste of their employer's money; The Tax Payers.

As for consequences you and your husband are facing, well quite frankly I cannot imagine any D.A. or lackey underlings worth his or he salt wanting to prosecute such a joke of a crime and it is a distinct possibility that D.A.'s office will reject the case and dismiss it out of hand. But then again, it is coming up to election time.

But if not dismissed and despite the felonious nature of the alleged crime, the alleged indiscretion falls within the "wobbler" group of crimes and it is almost a certainty that the charge of felony will be knocked down to a Misdemeanor and plead out, especially if hubby has otherwise been poster child for law and order thus far in his life. That will translate into NO actual jail time, credit for time already served, released on O.R. and placed on a 2 or 3 year Summary Probation, at the end of which period the record is expunged by making a simple motion; Includes a slap on the wrist.

The court may also offer to hold off adjudication pending the successful completion by your husband of an agreed to drug counseling and enrollment in a Prop 30-esque program; this Includes, a slap on the wrist.

I guess the bottom line is that no matter what option is exercised, the end result will ultimately include a simple probation and a soft wrap on the knuckles in there somewhere. So do not worry about it one bit; and F.Y.I.: it is your daughter's boyfriend's stay that subjects the entire house and all within it to these warrantless search.

Keep your chin up!

fredrikklaw

 

[mightymoose]

What were the circumstances of the search? Did you at any time give permission to search YOUR bedroom? Was that an area that the boyfriend slept in or had access to or was it a private room?
If it was private, the police likely needed your permission to search that room- they can't search the whole house without your permission. Did you sign anything giving your permission? Did you do so verbally? If it isn't on paper it can likely be challenged. The police will have to justify why they were in that room, and if they can't then the evidence of the pills themselves may be lost.
They should have only been searching common areas and the bedroom where they boyfriend has access. Anything else could have been a violation of YOUR 4th Amendment rights.
As said above, talk with an attorney about it.

 

[CdwJava]

Of course, there may be much more to the story ....

Ten officers to search one guy on house arrest, and searching areas that would not normally be subject to search? If the numbers and circumstances are true than either these guys are the Keystone cops with the collective IQ of a walnut, or they had some serious intel (good or bad) that more was going on.

Sorry, I'm waiting for Paul Harvey and, "The Rest of the Story."

 

[mightymoose]

Of course, there may be much more to the story ....

There always is.