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Charged with criminal possession, manufacturing, and distribution charges for Marijuana 1 count

Atlanta, GA |

Local police smelled marijuana and tried to enter the house boyfriend refused search and we were pulled out of the house until a search warrant was obtained, never seen the warrant but it was executed, (they found marijuana plants)they entered the house before the warrant was obtained and the third person there was let go and is not mention on the application for the search warrant. Scared due to an abusive boyfriend I "lawyered up" and refuse to speak to the police because they wanted me to "Rat" but I was not involved in those activities (I know it is hard to prove) I was charged the same as him and now I am facing loosing I everything I have even my career. He has a prior felony arrest for domestic violence and that might hold him in jail a while but how do I get out of this mess!

I have NEVER been in trouble with the law and the abuser is not getting out of jail for now but should I take a drug test? I have no documented history of the abuse but i just don't know what to do other than hire a lawyer and wait to be indicted. Help Please!

Attorney Answers 3


  1. You talk to the lawyer you lawyered up with. You talk candidly about what your actual involvement was. You tell the lawyer what your coice is as to the best disposition. You tell the lawyer if you are willing to be a witness for the State or not. You have your lawyer contact the lawyer for the codefendant and ask if the boyfriend is willing to exculpate you. You have the lawyer talk to the prosecutor about what the best deal is based upon your decisions in regards to the above questioons.

    Each of the above are things you should already have completed. I urge you to talk to your lawyer and get legal advice from the person you are trusting with your future. Good luck.

    DISCLAIMER
    This answer does not create an attorney-client relationship or constitute legal advice. Given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.


  2. You will need to retain the services of a experienced defense attorney. If you cannot afford one, you need to apply for the services of your local public defender....

    It sounds like there may be a few problems with the search of the house and your seizure prior to service of the warrants. Your lawyer will need to know if you lived in the house, and if not, in what capacity were you over there. This information will be critical in any possible motion to suppress raised by you.

    You need to discuss every detail of the situation with your attorney and fully apprise him/her of the facts surrounding your case. Your attorney will guide you through the mess and lay out as many options as possible for your defense.

    Good luck.


  3. You need an experienced criminal defense attorney. From what you describe the police probably were able to do what they did; they have the right to secure the premises while obtaining a warrant to prevent the destruction of possible evidence. They should have shown you the warrant, but what I suspect happened is that those obtaining the warrant probably verbally advised the officers on scene that they had secured the warrant. I would expect that if you have no prior record some type a favorable resolution can probably be reached. Usually the prosecution wants the bigger fish; if they think your boyfriend is it they might even approach you again with a very favorable resolution in exchange for testimony against him. Whether you want to or not will be up to you after discussing it with your attorney. I can't recommend enough that you should listen to your lawyer and follow his/her advice.

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