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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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are the police able to charge me with the same charges as ...

Customer Question

are the police able to charge me with the same charges as the owner of a house that was searched for drugs and drugs were found?I was charged with criminal conspiracy,2 counts of possession,2 counts of possession with intent.The police had a search warrent for my brothers house where i was at.But the warrent only states crack cocaine they didn''t find any crack.Also the warrant has the wrong address on it.Do you know of any cases that are close to this?Or can you give me some advice.Thank you for your time.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

DearCustomer/p>

You can be charged if you were in the residence - many times this will happen and then plea agreements are worked out with lesser charges sometimes in exchange for testimony against the co-defendant

They cannot SEARCH for anything more than what the affidavit for the warrant states - so if it says crack, they cannot search for marijuana or guns. However, if something is in plain site or they come across other evidence that is indicative of a crime that is going to hold.

They can only search the residence of the Address listed in the affadavit and warrant. This is the good faith the the judge issued the warrant.

Given the address was wrong - and not based on a typo (for instanceXXXXXand it said 222 Bronw Strete ) then there could be legal recourse to have the warrant tossed; thereby eliminating any evidence in this matter.

You might consider consulting with a local attorney to asisst in this matter and to review all the documents involved to ensure your rights have not been violated.

Best to you,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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