busted...again...please help.

[Possum]

so, less than a week from moving out and i have been busted.

i'm not sure what is going to happen.

i dont know what exactly my legal rights are right now.

i have narrowed my options down to 3

die
run
fight



not sure about extradition or statute of limitations on a class D felony in the state of indiana. anyone with any information please advise me.

as always,

thank you.

 

[dank.frank]

Kind of hard to give you any advice when you haven't really explained the situation or how it happened or what exactly you are being charged with or evidence against you. However, only state your charges....not what you had or actually had or anything that could possibly be used against you. Only state the known facts that have merit...


dank.Frank

 

[Possum]

5 class D felonies.

poss.
poss. w/ intent
common nuisence
poss. w/record
poss. schedule I

maintenance man said he thought he smelled MJ. cops came in busted me. then called for a warrent.

 

[BiG H3rB Tr3E]

so the cops busted your door down without a warrant, then decided to get a warrant after the fact...?

..and your sitting on 5 felonies, yet your are at a computer...?

 

[dtfsux]

Wow they gave you a bond! How much was it? I know someone who has 4 and he had to have a bond hearing becaue they wouldn't give him a bond at first appearence.

 

[dubite]

the sequence of events doesn't make sense... If they had no warrant you can forget about those 5 charges.. The evidence that they gathered is not usable as it is 'the fruit of the forbidden tree'.
U might be lucky! Get a good lawyer and you should be fine...

 

[Andyo]

give me the name and a pic of the maintenance guy and i will stick him on whosarat .com

 

[Kodiak]

You are at the point where you need legal advice. Try to keep your head cool until you know the facts. You also need to know your rights.

You should talk to a lawyer before you make your decision. Just ask for an assessment of your case so that you only have to pay for the first visit to start with. The things that you need to find out is how strong is the evidence against you and if the state has a solid case. Perhaps they are just throwing everything in the book at you because there is a chance of conviction, even if the evidence is weak. If the lawyer says that you are definitely looking at actual prison time you have to weigh your options carefully. You should also ask if pleeing guilty helps your case. If you are a minor you will probably also get a more lenient sentence.


I doubt that the cops would bust down a door and start collecting evidence without a signed warrant because you are protected by the Fourth Amendment to The United States Constitution, which guards against unreasonable searches and seizures. They know very well that any evidence collected without a warrant will be suppressed in court. If the cops indeed entered and searched your house without a warrant, you should also pursue that angle in court.

"One way courts enforce the Fourth Amendment is with the exclusionary rule. The rule provides that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during the defendant's criminal trial."

"Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable and unconstitutional, if conducted without a valid warrant, and the police must obtain a warrant whenever practicable."


Here's what I could find relating to your case, it might give you a better idea of what you are looking at. I wish you the best of luck:


Penalties for Possession and Dealing under Indiana Law


Possession of Marijuana (IC 35-46-4-11)

30 grams or less (Class A Misdemeanor Up to 1 yr / $5,000 fine)

30 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

more than 30 grams (D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)


Possession of Hash Oil or Hashish (IC 35-46-4-11)

2 grams or less (A Misdemeanor Up to 1 yr / $5,000 fine)

2 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

more than 2 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)


The above penalties also apply to knowingly or intentionally cultivating or growing marijuana, and to failure to destroy marijuana plants knowing that they are growing on the premises.

Penalties for all felonies may include a fine of up to $10,000. Penalties for a Class D Felony may include entry of judgment of conviction as a Class A Misdemeanor, in the discretion of the Judge.


Dealing in Marijuana (IC 35-48-4-10)

30 grams or less (A Misdemeanor Up to 1 yr / $5,000 fine)

30 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

30 grams or less and recipient is less than 18 (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

30 grams or less and in a park, public housing complex, school bus, or within 1000' of school (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

more than 30 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

10 lbs or more (Class C Felony 2 to 8 yrs, presumptive 4 yrs)


Dealing in Hash Oil or Hashish (IC 35-48-4-10)

2 grams or less (Class A Misdemeanor Up to 1 yr / $5,000 fine)

2 grams or less and prior conviction (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

2 grams or less and recipient is less than 18 (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

2 grams or less and in a park, public housing complex, school bus, or within 1000' of school (Class C Felony 2 to 8 yrs, presumptive 4 yrs)

more than 2 grams (Class D Felony 1/2 to 3 yrs, presumptive 1 1/2 yr)

300 grams or more (Class C Felony 2 to 8 yrs, presumptive 4 yrs)


Penalties for all felonies may include a fine of up to $10,000. Penalties for a Class D Felony may include entry of judgment of conviction as a Class A Misdemeanor, in the discretion of the Judge.

Dealing in Marijuana includes manufacturing, financing the manufacturing, delivering, or financing the delivery of marijuana. Dealing also includes Possession with Intent to Deal. There is no requirement of a sale, mere transfer is sufficient.


Statute of limitations on a class D felony

Indiana Code Section 35-41-4-2(a)(1) bars prosecution for a Class D felony unless it is commenced within five years after the commission of the offense.

 

[rambone]

Since he doesn't own the property can't the landlord just give the cops permission to enter?

 

[Kodiak]

Apparently not:

"With rented property, a landlord may not authorize law enforcement to search a tenant's premises without a search warrant, and a warrant must be obtained under the same guidelines as if it were the tenant's own home."

 

[rambone]

Apparently not:

"With rented property, a landlord may not authorize law enforcement to search a tenant's premises without a search warrant, and a warrant must be obtained under the same guidelines as if it were the tenant's own home."

good to know I've always wondered about that

 

[sac beh]

Apparently not:

"With rented property, a landlord may not authorize law enforcement to search a tenant's premises without a search warrant, and a warrant must be obtained under the same guidelines as if it were the tenant's own home."

Where did you find this? Is it different by state?

 

[Kodiak]

I cross-referenced a few sources. I read through a few cases and apparently the law is based on a ruling by The Supreme Court, so I guess that makes it a federal law.

In any case it's considered illegal for the landlord to let the police in without a proper search warrant because it also violates the Fourth Amendment.

 

[Possum]

the lawyer says that apt. manager cannot allow the authorities to enter.

but he also said im not allowed to talk about the case.

i got out cheap - you're correct that didn't seem right. but i'm not complaining. the county sherrif who arrested me knew too much to not have been stalking me.

thanks for all your help.

i got an attorney from the norml.com web site - kind of pricey, hope its worth it.

 

[Bobby Stainless]

Since he doesn't own the property can't the landlord just give the cops permission to enter?

Yessir.

Usually in the lease, you sign something that pertains to not using the apt, for illegal activity.

 

[quest]

Segura v. United States (1984)

Segura v. United States (1984)

My experience is the cops will have lied to get the warrant, you have got to catch them lying at the evidenciary hearing. Then you will show they were "acting in bad faith". Or, you will have to show that they didn't have "an independent source" for the warrant. Those are two avenues, there are others. Good luck and I truly think your best bet is catching the police in a lie at the hearing. I had another case dismissed this way.

 

[quest]

TestiLYING

TestiLYING

Read Alan Dershewitz's December 1, 1998 testimony before the House of Representatives Judiciary Committee

 

[Shred42O]

dam that sucks bad man after all that fucked up shit i would just move to a state with MMJ and get legal

 

[djam]

fuck that maintenance man .

 

[igrowone]

the lawyer says that apt. manager cannot allow the authorities to enter.

but he also said im not allowed to talk about the case.

i got out cheap - you're correct that didn't seem right. but i'm not complaining. the county sherrif who arrested me knew too much to not have been stalking me.

thanks for all your help.

i got an attorney from the norml.com web site - kind of pricey, hope its worth it.

best of luck to you, but it sounds like you dodged the bullet
looks like more a loss of plants/money
can't see them wanting to pursue a trial with this kind of damaged evidence, sounds like the worst will be deal for a fine/time served(just my guess)