Alcohol & Drugs: MIP, MIC, Intoxication Search, Siezure, Arrest

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damtheman

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A good friend of mine was arrested last night for possesion of illegal susbtance, MJ. Here is what happened.

We were sitting in our room, when there was a knock on the door, I answered the door and the Residency Director and 2 officers stepped in, asking to searh the premises. They had no warrant or means that i knew of. Upon this they asked to search my friends room on grounds of possesion of MJ, He relented and they threatened to get a warrant. They found his lock box and told him that either he open it or they get a warrant and take him off to jail.

The officer gave him 2 options, either open the box and he will not be arrested, or they will get a warrant, cut open the box, and arrest him on the spot. The residency director also tried to convice him to open the box. The officer then moved the box to the living room and sat him down and from what i heard, continued to harass him until he opened the box. throughout the whole situation he was never given the option to speak to a lawyer.

When he finally opened the box he was arrested on possion and DIS, and was taken to county. I emmediatly contacted an attorney, civil defense, and he called around trying to find my friend. he first called the school police, where they said he was unavailable. the attorney tried again and they said they had moved him to county.

currently i have contacted anumber of attorneys who specialize in this area, but i cannot make any decision based ont he fact that i am only his friend.

from this point, what actions should i take.
 
This is not a decision for you - it is a decision for him. His attorney might be able to argue that consent was not freely given and thus get any evidence suppressed. However, even if he can get the criminal charge dropped, this may have little bearing on his status at school as they might still be able to suspend or expel him.

- Carl
 
he was on his medication, darviset, for back pain. it makes him nouscious and dizzy, and absent minded. would that have any effect at all on his behalf?
 
he was on his medication, darviset, for back pain. it makes him nouscious and dizzy, and absent minded. would that have any effect at all on his behalf?

Friend, you need a lawyer and I mean yesterday.
 
he was on his medication, darviset, for back pain. it makes him nouscious and dizzy, and absent minded. would that have any effect at all on his behalf?
Maybe ... but I wouldn't count on it. Unless she were obviously very messed up, I doubt it will play any part.

- Carl
 
currently he does have legal counsel, but he does not have one for his specific arrest. i am gathering information for him when he posts bail and gets a lawyer for his specific case
 
currently he does have legal counsel, but he does not have one for his specific arrest. i am gathering information for him when he posts bail and gets a lawyer for his specific case

What did you hire the lawyer for?

Your other arrests?
 
i was never arrested, i was attacked a few years ago and when the police searched my room without me there and without permission, they found a knife in my room, but dropped the charges because i was attacked, the attacker was charged with aggrivated assault and battery.

he now has councel, but i didnt hire the lawyer, i called and asked for help and what to do becaues my friend was emotionally unstable and unable to make decisive decisions. after i told him what happened, the lawyer felt that my friends civil and/or constitutional rights were violated based on the actions the police took.the lawyer took the case unpaid because of that and that he hates the cops here with a passion. i knew that the police would question him all night, so i got a lawyer just to get them off his back.

he has posted bail, and i have told him to not talk to anybody, except legal counsel and his parents.

should he get a lawyer with a specialization in MJ, or just stick with the attorney he has know, the civil defense attorney
 
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dam_the_man said:
he has posted bail, and i have told him to not talk to anybody, except legal counsel and his parents.
His parents - and you - can be supoenaed to testify against him. He should speak ONLY to counsel.

What state is this in? And specifically what code section has he been charged with?

- Carl
 
we are in texas, and i dont know the code, but i think he is being charged with DIS of MJ, or something along those lines, i heard the head cop say DIS
 
dam_the_man said:
we are in texas, and i dont know the code, but i think he is being charged with DIS of MJ, or something along those lines, i heard the head cop say DIS
Clarify for me: What do you mean by "DIS"? Not every abbreviation is common to everyone ... for example in some states DUI and DWI might be different offenses. Try to avoid abbreviations.

- Carl
 
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