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desperately needing a little legal advice Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by hkworried, Oct 21, 2003.

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  1. hkworried

    hkworried Law Topic Starter New Member

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    In Springfield, Oregon, the police came to my door, said they smelled marijuana from the livingroom window. asked if there was medical marijuana permit. wasn't one. asked to come in, asked if there was marijuana inside. said no, they said I either had to let them in because they smelled it, or I had to stay outside with my children while they went for a search warrant and child protective agency would be notified, that I wouldn't be allowed back in my apartment. scared for my kids I said ok, got my kids and let them in, they removed plants, removed marijuana, removed paraphenalia. Issued citations to husband and myself. citation mentions 'child neglect' I don't understand this. I'm terrified of what's going to happen. I have no record at all, Husband has one count possession 10years ago, was ordered to pay a fine and he did. I called courhouse and they say we cannot talk to the public defender assigned our case until the court date in nearly 2 weeks, but I'm too scared. I need to know what is going to happen to have some idea of what to do. the officer said we had to go down to the station soon and get fingerprinted and photographed, I don't understand any of this.
     
    Last edited: Oct 21, 2003
  2. rochella

    rochella New Member

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    Your husband could possibly go to jail if he didn't have his record expunged.

    You got a count of "child neglect" because keeping illegal substances in your house is selfish of your own needs and neglectful of the child in the cop's eyes.

    This was not an illegal search.

    You will probably get a fine, community service, and probation.

    What I'd worry about is your kids. They have taken children away from parents before on marijuana accounts, especially if you had marijuana plants and paraphenalia, because it would sound to a jury like drug dealing.

    If you can afford a lawyer, I highly suggest you do so.
     

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