Criminal Law Questions? Ask a Criminal Lawyer.
You need to keep in mind that there is a significant difference between obtaining a warrant and obtaining a conviction. To obtain a warrant, an officer need only establish probable cause for criminal activity, this is a rather low burden. However, to obtain a conviction, the prosecuting attorney must establish the criminal conduct beyond every reasonable doubt, this is a much higher burden.
While I certainly understand your concerns, I would suggest that the information you have provided would likely be considered probable cause and, as such, sufficient for a warrant. Having said that, I would also suggest that this would not be sufficient to lead to an actual conviction.
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Is it normal that a arrest warrant is obtained before the complaint and affidavit are filed? And normal that what they say found is held onto for a week before entered into evidence? And also this doesn't sound like the felony charge is correct either since they were never caught with anything.
I don't know that I would call those things "normal" exactly. However, I also wouldn't consider them to be terribly unusual. While I obviously can't know exactly what took place here, my speculation would be that the officer did things in a lawful manner and any dates that appear amiss are due to bookkeeping matters. Meaning, it was simply a matter of how things were filed, not any legal issues on the part of law enforcement.
So you know, I was a prosecuting attorney for about three years or so and I've been doing defense work for over a decade. I say this so you know that my opinion does not come from being solely a prosecutor (i.e. pro law enforcement), but from having been on both sides of the judicial aisle. While I am well aware that cops get things wrong, they sometimes lie and they occasionally act in an unlawful manner, they typically do things in a lawful and appropriate way.
As to the possession charge, people often think that to possess something, it must be on their person, such as in their hands or in their pockets. However, possession is defined much more broadly than that. For example, something can be in your house, car or suitcase and you could be in possession of that item. In short, the possession charge here could be legally viable. Again though, as stated above, it seems like a weak case.
I guess where I feel bad is that this person lives with me. She also has health problems which causes her to lose her hair. She washes it in my kitchen sink. She plugged my sink and I asked her to pick up the drain cleaner for me. I paid for it and she brought me the receipt with my change from a $10 bill. The officer said he found the receipt in the garbage. Not possible. So we asked to see it through the discovery. County attorney said they are not using it as evidence so They don't have to produce it. Of coarse they aren't, he never found it. Said he did to get arrest warrant. Like we know, cops lie and not much one can do about it. These days you are guilty until you prove other wise. Won't be long and we won't even get a chance to do that. It will be guilty and that is it. I am glad I have no children. I would feel bad for them to have to live in this world today let alone 10 yrs from now.
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