Busted by Maintenance Men

Please get a lawyer and do not talk to anyone except your lawyer. Especially do not talk to LEOs. It is their job to collect as much evidence and information to give to the prosecution's office. Period. They are not your friend, nor will they look out for you. To them, you are just another arrest, and just another arrest quota.

I would also like to say, 'Thank You', for posting your story. It's a sobering reminder to anyone living in an apartment, condo or any living arrangement in which others who do not live with you can enter your house with you not being present. I wholly suggest to anyone in this situation to arrangement for maintence to come around and perform any maintanance checks before gardening. Ask them or the rental office if they perform any checks in your partment to test for the fire alarms, water heaters, central ac, ac units, etc. And if you are in the middle of a garden and are in need of maintanance, schedule a day off and when the rental office opens the first thing in the morning, tell them you want someone over now. If maintence does not come that day, call work to call out if possible and wait at home the next day. Do something, anything, whatever it takes to make sure you are home.

Regardless of which state they are in, apartment grows are very dangerous because a growing amount of rental companies are putting clauses in the leasing contract to immediately and legally, kick out any tenant that possessess illegal controlled substances, regardless of your legal status of the case or if any charges are filed. Check your state, city or county laws if such laws do exist.

Posted for #60, but applies to #61 also.

tsk tsk. Some good advice but lets face reality.
A. Get a LAWYER!!!! Do NOT go with a public defender. 99% of them will not fight your case in court and will try to plea it out and if they try to go to trial, most don't have the experience to win. Make sure the lawyer has drug AND rental law experience. Pro-Bono....lawyers have to give so much time free as part of being on the bar. Their not getting paid so it's no loss if they win or lose. Most will try to win but won't put 100% in like they would if they were getting paid.
B. You were growing aka manufacturing illegal substances. I hope you do not live within a certain distance of a preschool, daycare, regular school, playground. If so your fucked. Some states have a 500 yard buffer zone. find out yours.
C. Although they may have entered your property illegally, it was not a violation of your constitutional rights. Civil maybe. Check the rental laws in your state. They CAN enter your property under certain circumstances, so find out what they are, and you better read that lease real good to make sure there's nothing in fine print that allows them to do so. Point is they OWN the property, you are renting. In my state, VA. they can boot you out in 5 days for this and the sheriff will be there to do it. It's on the books.
D. If you have a cell phone and your friends grow, deal or have been busted for drugs, get rid of it and get a new one and DO NOT contact them with it. If you need to contact them get a cheap pay as you go and register it online yourself from a safe computer, not your own.
E. Get rid of your computer, if they come back and get it your screwed if they have a competent hacker that can pull your history up. Your on ICMag where we talk about growing. That could make things worse in a judge or juries eyes.
F. If you go to court have your attorney get your case called first. Last thing you want to do is go before a judge that's been pissed off by a previous case. Take that from my experience.
G. Do turn yourself in with a lawyer if a warrant is issued. The more you make them work to get you the worse the outcome if your found guilty.
H. Next time either don't put in an order or scrap the goddamn grow before you put it in. And for fuck sakes DO NOT EVER tell someone not to enter the apartment if your not home. That's like telling a child to stay out of the cookie jar. YOU brought their suspicions up by saying this...YOU FUCKED YOURSELF!
I. This isn't television or the movies. If you can't take the heat and possibly do time then get out of the game.
If what I've said seems harsh, oh well. I'm not going to hold and pat your hand telling you what you want to hear. I'm going to tell you what you need to know. It's up to you to do what you wish with it.

One last thing. Why did you call the police asking if you had a warrant? They WILL NOT tell you that over the phone. It's against police procedure. They usually answer "you'll have to come down to the station and see". For them to say yes gives you the opportunity to skip.

OK where is OP now...

I'm still here guys.

Feral, Maria, everybody else, I really appreciate the advice. If you need to give it to me real, then give it to me, I like when people tell me straight up (feral). I only consider it worthless if you have nothing to add. I agree, it was probably not the best idea to call the station and ask if I have a warrant. And no, I don't think I'll be doing any more growing unless I have a license. The game seems a little too real for me at this point in my life, as I have a great job, go to school, and have been gaining so much respect from my peers. I will only continue growing if I'm in a friendly state w/ a med card/license.

Everybody in this thread has been a true help, well, everybody except the freeman-on-the-land dude. I really appreciate that advice but I think it's pretty much a worthless idea to think you don't have to abide by laws and all that stuff, but I'm not going to get into it. All I can say is I respect your opinion.

Would anybody mind giving me a further explanation about me not being arrested? I really don't want to leave the state, I have too much going here for me. Is it possible the cops can come busting down my door and arrest me? I'd like to think not. Again any info on this subject would be appreciated. Thanks everybody.

ohyahandbtw, I spoke w/ my apt manager, and they're going to be treating this as a voluntary moveout, not an eviction. It is going to save both me and them money to avoid the eviction process, as I've otherwise been the perfect tenant. I have the weekend to move out.

Is it possible the cops can come busting down my door and arrest me?

Click to expand...

Of course it is possible and to be honest......expect them soon. They like to come to your place of employment also. You might take that into consideration.

How they will go about it I have no idea but they will come if it is a Felony in your state. A misdemeanor they will mail the court appearance papers t you.

But most states it is a Felony for cultivation.

Again this is were a good attorney comes into play. The better they are......the better off you will be in the long run. If I had to to keep my school and good job intact, I would sell my car now and get the best I could for that money. If it is 5 to 10,000 then it is what it is.

Remember........live to fight another day.

Good luck.

V

Pure.Dope said:

... She showed me the work order and it stated they had permission to enter.......

Click to expand...

there totaly right. when u signed the lease agreement you more then likely signed away thoes rights.

Pure.Dope said:

Hey buddin, if you have nothing to add then you are worthless. Please come to my thread with valuable info, not, I told you so.

I now know that my apt complex has no understanding of what it means to make an appointment, and what it means when I tell them they do not have permission to enter. Thanks for the worthless info buddin.

Click to expand...

in there eyes apt didnt matter.

Pure.Dope said:

Thank you mk6, miss blunted, phil, and everybody else. I really appreciate the info.

And yes a simple deadbold would have done the trick. :super facepalm:

Click to expand...

theyd have called the locksmith and then ...same thing.... and/or
plus breach of contract =24h move order = cut and move....

still have to agree with everyone here saying to lawyer up. and seeign its way past 24H later, i sure hope u did..

Pythagllio said:

It also extends to people with no lease and those who make no rent payments. If you invite that bum with a cardboard sign offering to work for money or food to spend a couple of nights on your garage floor he'd very likely establish tenancy and you could have to evict him to get him to leave legally if he refused to leave. Yes a smart landlord always starts the eviction process the minute the lease is violated. Heck CA requires 60 days notice to get the ball rolling in some cases. That's 60 days before you even get to think about scheduling a court date.

Click to expand...

think theres a baseline minimum for that to come into affect(effect?).... might be state-by state.. im fairly sure cali is 30 days. but not too sure about the lame-ass AZ. i hope your not in miracopa county...

Maria_Vanessa said:

Regardless of which state they are in, apartment grows are very dangerous because a growing amount of rental companies are putting clauses in the leasing contract to immediately and legally, kick out any tenant that possessess illegal controlled substances, regardless of your legal status of the case or if any charges are filed. Check your state, city or county laws if such laws do exist.

Click to expand...

Yes, and please post a link if you find such laws because they'll have overturned hundreds of years of common law precedent,and I'd sure like to see the lawmakers who could sneak such a sea change by the public without much mention. No sweetheart, the type of clauses you suggest may exist and may be written into unscrupulous landlord's leases but they are not legally enforceable. There is no jurisdiction in the US that allows and enforces immediate eviction based on suspicion or arrest. It is simply a disservice to the community to post such misinformation as if it were factual.

Pure.Dope said:

I'm still here guys.

Feral, Maria, everybody else, I really appreciate the advice. If you need to give it to me real, then give it to me, I like when people tell me straight up (feral). I only consider it worthless if you have nothing to add. I agree, it was probably not the best idea to call the station and ask if I have a warrant. And no, I don't think I'll be doing any more growing unless I have a license. The game seems a little too real for me at this point in my life, as I have a great job, go to school, and have been gaining so much respect from my peers. I will only continue growing if I'm in a friendly state w/ a med card/license.

Everybody in this thread has been a true help, well, everybody except the freeman-on-the-land dude. I really appreciate that advice but I think it's pretty much a worthless idea to think you don't have to abide by laws and all that stuff, but I'm not going to get into it. All I can say is I respect your opinion.

Would anybody mind giving me a further explanation about me not being arrested? I really don't want to leave the state, I have too much going here for me. Is it possible the cops can come busting down my door and arrest me? I'd like to think not. Again any info on this subject would be appreciated. Thanks everybody.

ohyahandbtw, I spoke w/ my apt manager, and they're going to be treating this as a voluntary moveout, not an eviction. It is going to save both me and them money to avoid the eviction process, as I've otherwise been the perfect tenant. I have the weekend to move out.

Click to expand...

You're a sucker. What a guy, they get you busted costing you legal fees and your freedom and you jump at the chance to save them money. What a chump.

Pure.Dope said:

ohyahandbtw, I spoke w/ my apt manager, and they're going to be treating this as a voluntary moveout, not an eviction. It is going to save both me and them money to avoid the eviction process, as I've otherwise been the perfect tenant. I have the weekend to move out.

Click to expand...

Fighting eviction costs YOU nothing. Just submit your monthly rent in cheque form, make photocopy before you give it to them. Costs THEM money to file and time to get processed. Tenants have massive rights, not so much landlords. Walk away, and they might be able to go after you for lost rental income. No matter what they say.

Stay, plan your next moves, sign nothing, talk to no-one.

Good luck.

So all of you who suggest staying will scoop up puredopes stuff and hold it for him if he gets locked up? Are you going to put some loot in his canteen fund too? Conjugal Visits with your wife/GF? How about lending him the $750-$150,000 for fines? The landlord is giving him an easy out. He should take it and get Lost for a while IMHO. It's harder to arrest someone/serve papers at Address Unknown than it is to arrest them Right Where The Crime Took Place. Y'all are acting like he wasn't caught doing anything illegal ... that is not the case. I bet Every One of youse would pack up and run scared ... AZ Cultivation Less than 2 lbs misdemeanor or felony 9 months - 2 years $750 - $150,000. 2 lbs to 4 lbs felony 1.5 - 3 years $750 - $150,000. He hasn't been charged as of now and a Public Defender is Not an option until he has been. You can't just go talk to them. Most of them are Attorneys that are required to do this service Pro Bono for the jurisdiction they speak in ... Like a doctor who donates some of their time at the Free Clinic while maintaining their Private Practice. Here's another tip ... You the Defendant is NOT the Public those attorneys are there to protect. Yes they insure your right to be represented but they do Not always represent their clients best interests. Put up the bucks for an attorney who will!

The police will come after you at every address they have for you in force on a felony warrant, assault rifles, vests, the whole dress up aren't we tough routine.
They will come to your address, your work, your school, your parents, any place they think you might be.

Tell the Apt Fuck off, what are the going to do? Call the police and say your growing?
To late, they already did that.
Start looking for a new place now, but until that eviction notice from the court is tacked onto your door with the date the sheriff comes listed on it, you don't have to go anywhere, no matter what kind of smoke they're trying to blow up your ass at the rental office.
Even if there is a clause in your contract, how would they go about enforcing it?
By going to court, filing an eviction, and having said eviction served upon you in the form of a notice affixed to your door.
Sit tight buddy, your fine as far as the apartment goes, but that is the first place the police will come looking for you IMO

IWanaGetHiSoHi said:

So all of you who suggest staying will scoop up puredopes stuff and hold it for him if he gets locked up? .

Click to expand...

He's right^^^^^
All I'm saying is that Apt can't force you out like they're trying to, but that doesn't mean it's wise to stay there. like I said in my previous post, that's the first place they will come looking for you.

ZackMorris said:

Actually, Ohio has very lenient cannabis cultivation laws. Probably the best state to get caught growing illegally outside Cally. I think.

Click to expand...

Don't confuse cultivation with possession. Cultivation and possession laws are written identically, but there are critical differences in the way they are applied. Less than 100 grams is a minor misdemeanor and less than 200 grams is a 4th degree misdemeanor. 200 grams or over is a felony. Cultivation cases DO NOT qualify for a diversion program.

If you are in one of the major metro areas forget about leniency because prosecutors and LEO are getting big buck grants for cultivation busts. In Ohio they can, and often will, weigh the roots and attached medium. The Ohio Supreme Court has also ruled that "wet weight" can be used for sentencing. Also, there is no separation of usable vs nonusable material. Fan leaves, roots....everything is included in the weighing and unless one is growing freshly rooted clones or a small plant, they must be extremely lucky to get a light weigh in.

Also, Ohio has a 2 year mandatory sentence for chemicals used in the production/manufacture of drugs. The law was intended for meth, but they do, and will use this against cultivators if you have a strong defense. They usually push this charge to beef up a weak weight in order to get a plea deal.

Sorry for the rant, but I know for a fact that a person can get a felony for having ONLY 4 plants in 2.5 gallon containers, and it was their first offense. Stop spreading bad information.

Kalicokitty said:

He's right^^^^^
All I'm saying is that Apt can't force you out like they're trying to, but that doesn't mean it's wise to stay there. like I said in my previous post, that's the first place they will come looking for you.

Click to expand...

Yes they can. If dope signed the lease and that Legal Document states Any Illegal Activity On These Premises Will result in Immediate Eviction ... Why is this so hard to grasp? Multi Family Dwellings such as Apartment Complexes are encouraged to Protect Their Interests and rarely try to finagle the Law to suit their needs. They adhere fairly strictly to the guidelines/laws ... Yes, I have worked for a Property Management Company ... If they write something In and You agree to it the Judge will in most cases uphold it ... within reason. It is not unreasonable to most Courts to want someone who violated their signed agreement Out as fast as humanly possible. Once again ... Be Careful What You Sign.

Guiness said:

Lawyer yes.

However.. Not sure what your risk or conswquences are, but if you can stay out long enough for them to not be able to charge you (book you) you can ride out the statute of limitations. Once you have been charged, booked there is not statute of limitations.

Click to expand...

NOT TRUE!!!!! Disinformation!!!!

Once LEO has filed a probable cause affidavit or opens the investigation you CANNOT out run the statute of limitations, this only works if LEO has no paperwork started on you.

im married the the manager of my apt complex hehehe. if the maintenance came to her and said something about finding shit(short of a dead body or crazy shit along those lines) she wouldnt be able to care less.

i love my wife.

in fact she was walking around the complex and saw some 4inch ducting running up to someones window(against the screen). problem is that they live on the first floor and anyone walking bye could see and maybe put 2 and 2 together. the only reason my wife was able to was because she lives with a grower. none the less she wont say anything and has no reason to. live and let live.

also, most maintenance guys are smarter then that out of fear of retaliation. pretty obvious as to who came in if there is no forced entry.

Actually if you go and look up Ohio's laws they are extremely lenient. In Virginia it's a minimum 5 years mandatory up to 30 years for a first offense. Also some states usually the hard ass ones have laws on the books mandating sentences to be doubled if the crime(s) took place under certain circumstances.
You also need to worry about who the judge is. In Montgomery County Maryland back in the '70's, One of the judges daughter died of a drug overdose. You did NOT want to go in front of him for a drug charge esp. for dealing.
Telling the OP to fight the eviction like I said depends on the state. In Virginia they will get an emergency court order and have the sheriff execute it in 5 days under these or other special circumstances. To the OP, while eveyone is telling you this or that and a lot of it is good info, you need to check the laws that pertain to your state YOURSELF. You can buck on them if you want but think about what it will look like if you have to go to court on the cultivation, esp. if you fall within the special guidelines for an increased sentence.
You also need to think about your job, etc. If you are busted, will your boss let you keep your job? and if your convicted and say put on probation, will they let you keep it? Same with school. Your looking at felonies probably, kiss any grants you may have been able to get to help off set the expenses good-bye.
I hope it works out for you but in reality expect the worst and hope for the best.
One last piece of advice. I did 10 years day for day in Maryland back in the '80's and I'll tell you one thing. Your life will be regulated, when you can eat, shower, go outside, etc. Even though they will have control of you physically, they do not have control of your mind. That is your best weapon to dealing with being inside.

MagdaAndBernie said:

Fighting eviction costs YOU nothing. Just submit your monthly rent in cheque form, make photocopy before you give it to them. Costs THEM money to file and time to get processed. Tenants have massive rights, not so much landlords. Walk away, and they might be able to go after you for lost rental income. No matter what they say.

Stay, plan your next moves, sign nothing, talk to no-one.

Good luck.

Click to expand...

Not true. In most evictions the losing party is also responsible for legal and Court costs. And it doesn't take many appearances for an Attorney to ring up a few grand in charges.