Drug Crimes, Substance Abuse Marijuana Trafficking Charge

[NatalieM]

My husband was arrested and charged with trafficking 395g of marijuana. Situation was that he was a taxi driver at the time and had just dropped off a passenger at his home. He was assisting the passenger with a television set that he had transported for him into his house. The police arrived not too long after whilst he was still in the persons yard and the other party ran off leaving my husband with the police.

The police entered the premises and found the marijuana and about 110 dollars and planted it on my husband because he told them he did not know the other guys name.

He spent 6 days in jail and now has a pending matter as a result.

Last night New Years eve he was visiting some friend when the arresting officer from his case passed by with other policemen in an unmarked vehicle. They searched my husband and his friends and found nothing on anyone's person. During the search though, this officer referred to my husband as a drug lord in the presence of everyone more than once and asked him again to name his "friend". My husband told him again he did not know what the guys name was and the policeman then whispered to him "that is why you will take the blame for everything".

His case is coming up again on January 13th and I wonder whether he should file a complaint against this officer for defamation of character as he is concerned now that the officer may harrass him should he see him in other places as well. Does he have grounds for defamation? And if so, how can this affect his case?

 

[CdwJava]

Where did this happen? What state? Or was this in some other country?

 

[mightymoose]

No way to tell... what country are you in?

Generally speaking, if he has done nothing wrong then he just needs to stick to the initial story he gave. If the police are aware there was another unknown person, then they can't necessarily refute your husband's story.

You didn't say though... where was the marijuana found? Why did the police come in the house in the first place?

The laws in your country can be very different from US law... all we can do here is speculate... which is pretty much what we do anyway.

 

[CdwJava]

I'm a little curious about the story that the police "planted" the marijuana on your husband. It just might be possible that your hubby is not being entirely truthful as to his involvement in this.

 

[mightymoose]

I'm not so sure she meant "planted". They found the marijuana and he was the only person still present, so they charged him with possession... that sort of thing happens all the time.

 

[CdwJava]

I can buy that ... but, if she meant "planted" then it changes a lot of things. And depending on the country she is in, it might be believable.

 

[NatalieM]

Thanks for all your responses. I did not realise there would be so many responses so soon. To answer all the questions:

1. This happened in Trinidad and Tobago in the Caribbean.
2. By planted I mean that the drugs were found in the other persons house not on my husbands person.
3. My husband is telling the full story as he has never been a drug pusher and his being in the yard at the time was a matter of coincidence. I do beleive that the police may have been monitoring the house for some time though so it was a matter of being in the wrong place at the wrong time.
4. So far the case has come before the courts about 4 times since we posted bail and it just keeps getting put off as the police seem not ready to proceed.

This is just a confusing time for us and one of uncertainty as the innocent sometimes pay for the guilty. We are praying this does not happen in this case.

 

[mightymoose]

I am not familiar with the laws of that area- however, if the drugs were not found on his person and he did not have regular access to the house, it SHOULD be difficult for a charge to stick against him. If they found something inside and he was outside, and had never been inside, then charging him with possession just doesn't make sense.
It is possible that there is more to this than you are aware of... but if it really is that simple, then he just needs to stick to his story.

Did he ever go inside the house at any time? How long was he there before the police showed up? Does he have any other criminal history?

 

[NatalieM]

Its as I said he was outside when it happened. We actually live in a totally different town. His job had slowed down at the time and that was why he was driving a taxi. Things have since picked back up and he's had regular work sionce August. I just want this nightmare to be over.