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  1. #1

    Default Charged With Maintaining a Drug House, but Raid Didn't Find Evidence

    our local narcotics team raided our home last march in the early am looking for a meth lab, or evidence of sales, yet found none. there was a friend of my husband's outside who had a pipe in his pocket that had meth residue in it. my husband is a convicted meth cook (3 years ago), but has not cooked since then. there was no evidence of any wrongdoing on our part, even after they searched for 2 hours, inside and out. the information they were going on was a neighbor who is certifiably unstable, and the police have known his condition for some time, yet still they proceeded without checking out his claims. 4 months later a secret indictment came down charging my husband and self as keeping a place where drugs (meth) were kept or sold , and two counts each of frequenting our own home. we know of no one ever who have been charged with these charges and not at least a posession charge. we were not doing what they are claiming and believe the grand jury were given false testimony, fueled by a fanatical societal frenzy. what procedure is appropriate for challenging the information given the grand jury by the da and their witness? is it correct to believe that if we could prove the grand jury was given false information, we might have the charges dropped, and if so what do i do to facilitate this?
    please advise, and thank you
    we are both set for trial the third week of november

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Quashing an Indictment

    Depending upon the laws of your jurisdiction, it may be possible for your lawyer to bring a motion to quash or dismiss the indictment on the basis of a lack of supporting evidence, grand jury misconduct, procedural error, overreaching conduct by the prosecutor, or some other basis.

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