Someone in my apartment was arrested for a FTA warrant. He had and ounce of marijuana in his pocket. The officers then called in the drug unit and searched my home. I was charged with the marijuana and some scales another person at my home had and was ticketed for. Then they searched my home and found a bag weighing less than .5 grams of meth. Which, if I'm not mistaken, is a schedule II drug. The entire time they kept asking me about Heroin, to which I repeated over and over that I had nothing to do with it. Regardless on my list of charges it has Schedule I not II on it. Does it make a difference, and can I have it dismissed. My lawyer wants me to take a plea, but I've never been in trouble none of the drugs found were even mine honestly and this felony is killing me. I've been turned down for job after job. I didn't even have to post bail. The Magistrate let me go without bond because in my 42 years I have never been charged with a crime other than speeding.
The DA's office can change the schedule to make it a Schedule II when/if they indict you. As a former felony prosecutor, I had to regularly correct the charges of law enforcement on my indictment. The error by the police officer will not cause the matter to be dismissed. If you have an attorney, listen to any and all of his/her advice. However, only you can decide to plead guilty.
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