Felony Drug Possession Charges After a Resident of My Home Was Caught with Drugs
My question involves criminal law for the state of: oklahoma
DA investigator escorting DA office probation officer show up at my residence to arrest family member on a motion to revoke. end up arresting another family member who was also on probation after finding para and cds in their seperate living quarters. i was not arrested, had no warrants, no illegal items where found in my house. six days later a felony warrant for my arrest was issued. criminal felony proceedings filed in district court, poss of cds-fel and poss of para-misd. How can they even do that? file poss charges without ever finding me in poss of anything and not arresting me at the scene??
Re: Felony Possession Warrant Filed with No Evidence to Support
Of course they can. They did. Possession does not mean ownership or on your person. If you have constructive access to it, you are guilty of possession.
They don't even need PROOF to file charges, just a probable cause.
You need an attorney big time. Yes given the fact that they had warrants for arrest others and there was were multiple probationers present gives them the right to search. This is not one that is going to go away easily.
Your attorney will analyze the evidence against you and the procedures leading up to the charges. He's got a few things he can argue: lack of constructive possession, lack of knowledge on your part of the presence of the drugs, possible errors in the search procedure, but this is not something we're going to be able to advise you on at a distance even if you were in possession of all the details (which I can guarantee you almost certainly are not).
Re: Felony Possession Warrant Filed with No Evidence to Support
Thank you... im really thinking about checking into rehab to help show the court that i am seriously trying to not involve myself with that lifestyle i mean i have a long history of that type of life but have been trying to break free of those chains and rise above. what is likely to happen if i were to turn myself in after checking into an inpatient program?
Re: Felony Possession Warrant Filed with No Evidence to Support
Well getting yourself straight is always a good idea, but if you're trying to figure out what will look good in court, you'll need to talk to a local attorney.
Re: Felony Possession Warrant Filed with No Evidence to Support
Quote:
what is likely to happen if i were to turn myself in after checking into an inpatient program?
if you are currently abusing substances, this is a good idea, if you are not, it's not like going to rehab is going to make your charges go away like it does on TV shows and with TV stars in hollywood.