If you were not living there then why do they say the gun was yours? If they searched your property outside the scope of the warrant then you do have standing to challenge the search of your property. The issue of whether you have standing to challenge the search warrant is fact specific. You should review the warrant and facts with experienced defense counsel.
Your case is going to be dependent on how the officers testify. I find what my clients recall and what the police recall usual differ. If permission to search was given then the search is probably okay. I questing how the illegal nature of brownies and tea was apparent though. I would encourage you to retain criminal defense counsel to protect your interest. Good luck.
No the police are not required to get the Defendant's statement. Most officer do like to try and get it but the accused has the right to remain silent. The Defendant should now let his defense attorney talk for him.
I agree with Attorney Rioux. The officer will write a ticket/summons for what the officer believes was committed. The officer will then forward their report to the prosecutor who will review the report. If the prosecutor believes that additional charges can be proven beyond all reasonable they might add those charges. Additionally, if the prosecutor believes what the officer ticketed/summonsed for cannot be proven beyond all reasonable doubt they will not make the charge. All felonies under the...
Anything is possible if you are willing to proceed to trial. There are certain protocols that must be followed when an intoxilyzer is used. You need to consult with an experienced OUI attorney as soon as possible.
Yes you can be charges if there is probable cause to believe you committed the crime. It would be your testimony if you testify, your friends testimony, and the officers testimony at trial. It will be up to the judge as to who they believe.