Results 1 to 3 of 3
  1. #1

    Default Fiancee Facing Jail in Ohio

    My fiancee was convicted of posession years ago (long before i met her). And this past April, she attempted suicide by overdose, and used the same drug she had back then. When in the hospital an officer approached me and asked if i knew if she had been using or if it were a one time thing, and i said i didnt know. I wasnt living with her at the time, but i had grabbed the keys from her place when we were en route to the hospital. I foolishly let the officer into the house and they searched it, and only found less then a gram of Heroin, and have charged her with possession.

    Now, is it possible that the case will be thrown out because they technically had no right to search the house since she told them she wouldnt let them? And if that fails, will they take into account the fact that it was a suicide attempt and she, in the time since, has gone and gotten mental help and can produce written statements from Psychiatrists and Psychologists saying that she is Bi-Polar and Manic Depressive, and possibly just give her probation?

    Im only worried because this is a second offense and her judge is a hard ass

  2. #2

    Default Re: Fiancee Facing Jail in Ohio

    Legally a cop can not search your house without a warrant. But you pretty much gave them permission and that is legal. The only thing that you can really argue is that it wasn't your house to give them permission.

    Other than that you can't really do anything. She was already convicted once. Possesion is possesion. Just hope that the judge is in a good mood.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fiancee Facing Jail in Ohio

    Also, searching a home in order to find the substance upon which somebody has overdosed could be deemed an exigent circumstance driven by the medical emergency.

    1. Sponsored Links
       

Similar Threads

  1. Facing Jail Time for Suspended License
    By thelilpotato in forum Driver's Licenses
    Replies: 2
    Last Post: 12-08-2009, 03:35 AM
  2. K Visas: K-1 Visa: is Legal Residency in Country Where Fiancee Lives Required of the Fiancee
    By montero in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 05-21-2009, 03:33 PM
  3. Initiation of Charges: In Jail, and Facing New Charges in Different County
    By clevelandox in forum Criminal Procedure
    Replies: 1
    Last Post: 12-08-2008, 08:44 PM
  4. Removal (Deportation) and Reentry: My Fiancee Is Facing "Removal"
    By erikajane1981 in forum Immigration Issues
    Replies: 1
    Last Post: 01-13-2008, 01:46 PM
  5. Repossession: Can I go to jail in Ohio
    By CarHelp in forum Cars and Dealerships
    Replies: 3
    Last Post: 03-19-2007, 01:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources