Yes they can charge it and DO NOT DISCUSS this anymore on these sites. Contact local counsel immediately. All of this was found in your house. Do not talk anymore on these sites. They are not restricted to defense lawyers and these conversations are not privileged.
The person charged needs a good criminal defense lawyer right away. That lawyer can advise you on the case.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
I have handled similar cases in Palm Beach County, yes they can charge whatever they want. Will it stick? That's a different story.
Depositions need to be taken of the officers, the search warrant needs to be examined, there may also be an issue with reasonable suspicion and/or probable cause.
There is a good chance these charges can be broken down once some work is done on the case. Feel free to contact me with any further questions you may have.
Your fiance needs to hire an experienced criminal defense attorney to review the information and if possible, challenge the State's evidence by filing a motion to suppress. Do not waste time. In my experience, the best defense is an offense when handling criminal cases.
The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.
The answer, I am sorry to advise, is that it can, absolutely, "stick". Without proper legal challenges to quite a few aspects of the underlying case, just based on the bare minimum information which you have provided, there is quite a bit of work to be done, simply to "undo" some or all of what has already been done.
Motion(s) to Suppress need to be drafted and tailored to the specific facts in issue as a starting point. Has anyone requested that the 911 call be preserved so that same can be ordered and reviewed in order to determine that what is being claimed to have been said is, in fact, what was actually said to the 911 operator. In essence, that is what I view as the first domino which if it can be made to fall, could be the trigger that topples quite a few others.
If you could please reply by following up with a comment to this response/answer, and advise as to what anyone has done to guarantee that the 911 call is retained and not deleted from the system on a routine basis, as is the protocol currently utilized and/or specifically deleted in a purposeful manner for reasons which you can probably guess, that would be helpful.
After that matter is clarified, I would be happy to speak with you and or your fiance in greater detail regarding the issues that to me are pivotal.
Very best regards,
David B. Dohner, Esq.
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