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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25976
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I need some legal info I just got out of jail on or for seals

Customer Question

I need some legal info I just got out of jail on or for seals of meth when I got home I found out my wife was arested fore poss w/int seals an thay are trying to take me back to jail for it to can they do that and what rights do i have so If they come back tonight and try to take me back to jail on this type of charge is there any thing I can say or do to keep them of taken me away
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

Yes. They could arrest and charge you with possession with intent to sell even if you were not home and in actual possession of anything when your home was searched and your wife arrested. You could be charged under a theory of constructive possession if what the police found on your premises -- and where it was found -- gave them probable cause to believe that you'd have to have known of what was going on in the home and been part of the criminal enterprise.

Probable cause is a very low burden of proof. In order to arrest you and charge you, the authorities would only have to believe that a drug selling operation may have been going on at your house and that you may have had something to do with it. To convict you, they'd have to prove that you were involved beyond a reasonable doubt. So obviously, the fact that you were in jail when your wife was picked up might help your case if you were there for a goodly length of time (like serving a sentence for a drug prior).

But if you're saying that you were arrested and made bond on a simple possession case only to find that while you were gone the police then raided your house and that as a result they want to add more serious charges, yes, they can bring you back and ask for heavier bond.

There is no deal you should even try to cut with the police if they come back tonight. Police will promise you the moon if you can help, but they are only lying to you. The Supreme Court has ruled that it's okay for police to use deception to try to get information about crime, and they are trained to be very good at doing just that. But the truth is that they do not have the authority to make any deals. Only the prosecutor does, and prosecutors do not keep the promises that police make to their suspects and arrestees.

As you're at liberty right now and probably have a lawyer from your last case, call him and do what he tells you. He will not recommend your talking to the police.
Customer: replied 6 years ago.
Thank you very much for your advice. unfortunately for me, it now loosens alot of ends I need to now attempt to tie up in regards XXXXX XXXXX residence, animals, etc. I just this am paid my rent, so my home is secure in that respect, but unless I secure somebody on my lease, I've been told they could be charged with tresspass and also they could possibly trie to charge them under the same probable cause situation as myself. They took everything that was in here whrn they took my wife, so that isn't really an issue, since I'm pretty sure it's only me they want. I'm not about to go on the run or attempt to hide from anybody, but I have an enormous amount of issues to deal with, & very little time, so I have no choice but to secure my castle (so to speak). Please advise as to their legal rights in this matter. Also, I just got off the phone with the Public Defender's Office, They say now that there's nothing open on me right now, that the powers that be need more time to secure their case. If that is the case, up to how long does the law allow them, and how much harrassment am I legally bound to accept? How should I handle this? Thanking you in advance Fran!
Expert:  Zoey_ JD replied 6 years ago.

I'm not exactly sure what went on because you didn't give many details. Answer a coujple of questions for me: were you serving a jail sentence from which you were released to find out about your wife, or did you bond out after a new arrest. If the latter, were you arraigned already on the new charges or did you bond out before seeing a judge? And finally, how did you learn about new charges being brought against you?