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#1 hurting1

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Posted 17 February 2013 - 11:21 AM

My boyfriend has been on probation and had a week left on it when his probation officer came by and did a search warrant and they found some illegal things. First they found a gun which he knew nothing about it was something i found years ago and never got rid of it. They found a gram of marijuana and also "cocaine" but it is not real cocaine. They charged him with theses things with him being a convicted felon alreadybbut i mean how? Can they search my house wirhoutbme being their and my names the only one on the lease? How can they charge him with the gun and he knew nothing about and it was something i found? They didnt even ask if i knew about the gun why is that? Does he have a chance of beating the charges bought against him?


#2 adjusterjack

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Posted 17 February 2013 - 12:54 PM

Your boyfriend needs a criminal attorney right now.

Possession of an illegal firearm means it's in the house where you live. I have no idea if lack of knowledge is a defense. And there is no reason to ask if you knew about the gun. It was there.

Same goes with MJ.

And if the cocaine was not real cocaine that charge is likely to be dropped unless it's some other controlled substance and then the charge will just be amended.

As for the search, wherever a probationer lives is fair game regardless of who owns the place or who is on the lease. The US Supreme Court has said so.

I'm guessing that the authorities will be able to make at least one of the charges stick, if not all of them, and back to jail he goes.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 ydurse

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Posted 17 February 2013 - 02:48 PM

Dear hurting1, Unfortunately, with a search warrant, cops or authorities can do anything, anytime to anyones apartment or house. And what they find, they find. You must find out the terms and conditions of your boyfriends probation. If it specifies something about possession of weapons or possession of drugs, he has trouble. Ownership of that gun is vital. Just saying I don't know who it belongs to or I just found it, is not going to work. You need a good defense attorney; or I should say he does. Was the pot found on his body or just in the house? If it was found on his body (on his person), he has serious trouble. They might let the gun issue go, I don't know. But the pot is a different story. What was he on probation for? What was his original charge? Theft,assault,drugs,shoplifting,breaking and entering,battery,etc.,etc.. If he is found in direct violation of one or more of his probation conditions, HE HAS TROUBLE. Only thing I can say is that he needs a defense attorney real quick. I wish you the best !

#4 hurting1

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Posted 18 February 2013 - 03:39 AM

His original charge was driving on asuspended license habtual. They did not find the weed on him. It was in the house. I heard that if they did not find his prints on it he has a chance of not being charge. What do you think he could b facing. Whats the least?


#5 adjusterjack

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Posted 18 February 2013 - 07:51 AM

His original charge was driving on asuspended license habtual. They did not find the weed on him. It was in the house. I heard that if they did not find his prints on it he has a chance of not being charge. What do you think he could b facing. Whats the least?


Depends on what state and what the previous charges and convictions were that led to being found an habitual offender and what penalties were.

If his conviction involved a suspended jail sentence in exchange for probation, then he is very likely going back to jail.

Your boyfriend needs to be talking to a criminal attorney instead of relying on secondhand information that you get from strangers on the internet.

I can't imagine that he doesn't know by now what charges and consequences he's facing. So why don't you ask him?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 FindLaw_Amir

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Posted 19 February 2013 - 02:40 PM

If your boyfriend has not done so already, he may want to consult with a local Criminal Defense Lawyer to advise him of his rights. I also suggest you visit the Criminal Law Center and read Criminal Charges as a good resource to learn more about this subject matter.
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